TORONTO — Today, the Supreme Court of Canada released its decision in Attorney General of Canada v. Power. The CCLA was as an intervenor in the case.
Shakir Rahim, Director of the Criminal Justice Program, said:
“This is an important decision for state accountability. The Supreme Court of Canada held that the state can be sued for damages under the Canadian Charter of Rights and Freedoms for passing unconstitutional legislation.”
“The Court affirmed, in line with prior jurisprudence, that the state may be liable for Charter damages if legislation is clearly unconstitutional or was in bad faith or an abuse of power.”
“As the CCLA has said, for the Charter to have meaning, there must be meaningful consequences for violating it. This judgment reflects that important perspective.”
The CCLA is grateful to Andrew Lokan and Mariam Moktar of Paliare Roland Rosenberg Rothstein LLP for their excellent pro bono representation in this case.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
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