Supreme Court of Canada rules state can be held liable for enacting clearly unconstitutional laws
JURIST
JULY 19, 2024
The Supreme Court of Canada ruled Friday that the Canadian government can be held liable for enacting laws that are “clearly unconstitutional,” done in bad faith, or stem from abuse of power. Chief Justice Richard Wagner and Justice Andromache Karakatsanis, writing for the majority, rejected the state’s argument that Canada has absolute immunity from damages for enacting unconstitutional laws.
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