State Not Fully Immune for Enacting Charter-Violating Laws, Says Supreme Court

Canada’s highest court has ruled the state does not have full immunity if adopted legislation is subsequently found to be unconstitutional. “The state may be required to pay damages for making unconstitutional legislation if it is clearly unconstitutional, or was in bad faith or an abuse of power,” says a case brief of the Supreme Court’s decision delivered on July 19. The decision, adopted by a 5–4 majority and co-written by Chief Justice Richard Wagner, was made in the case of Canada (Attorney General) v. Power. Joseph Power was convicted of two indictable offences in 1996 and served his sentence. At that time, one could apply for a record suspension after one’s release....