By Canadian Press

Top court says government can be held liable for making unconstitutional laws

Jul 19, 2024 | 8:22 AM

OTTAWA — The Supreme Court of Canada says governments can be required to pay damages for making unconstitutional laws.

In a new ruling, a majority of the top court says governments have a limited liability for drafting and passing laws that are later found to violate the Charter.

The decision paves the way for a New Brunswick man to take the federal government to court over two laws passed by the former Conservative government in 2010 and 2012.

Joseph Power was convicted of two offences in the 1990s and applied for a pardon in 2013, but was denied and lost his job as a result of the convictions.

Elements of the laws that prevented him from getting a pardon were later declared unconstitutional and he’s now seeking a remedy.

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The court’s ruling says governments can be held liable for laws that are clearly unconstitutional, were in bad faith or are an abuse of power.

This report by The Canadian Press was first published July 19, 2024.

The Canadian Press