The Supreme Court of Canada has confirmed the federal government does not have absolute immunity from liability when Parliament enacts laws that are later overturned as unconstitutional.
The ruling says the decision is meant to strike a balance between “the protection of constitutional rights and the need for effective government.”
“The government and its representatives are required to exercise their powers in good faith and to respect the ‘established and indisputable’ laws that define the constitutional rights of individuals,” the ruling says.
The ruling stems from the case of Joseph Power, who was convicted on two counts of sexual assault and sentenced to eight months in prison.
When that law was later found to be unconstitutional, Power filed a notice seeking damages from the federal government in court.
On Friday, the Supreme Court of Canada upheld that ruling, freeing Power to pursue damages.
The original article contains 365 words, the summary contains 141 words. Saved 61%. I’m a bot and I’m open source!
This is the best summary I could come up with:
The Supreme Court of Canada has confirmed the federal government does not have absolute immunity from liability when Parliament enacts laws that are later overturned as unconstitutional.
The ruling says the decision is meant to strike a balance between “the protection of constitutional rights and the need for effective government.”
“The government and its representatives are required to exercise their powers in good faith and to respect the ‘established and indisputable’ laws that define the constitutional rights of individuals,” the ruling says.
The ruling stems from the case of Joseph Power, who was convicted on two counts of sexual assault and sentenced to eight months in prison.
When that law was later found to be unconstitutional, Power filed a notice seeking damages from the federal government in court.
On Friday, the Supreme Court of Canada upheld that ruling, freeing Power to pursue damages.
The original article contains 365 words, the summary contains 141 words. Saved 61%. I’m a bot and I’m open source!