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Difference between revisions of "Charter Rights: Overview"
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Charter Rights: Overview (view source)
Revision as of 22:02, 17 February 2015
, 22:02, 17 February 2015→Individual and broad remedies if Charter rights violated
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==Individual and broad remedies if Charter rights violated== | ==Individual and broad remedies if Charter rights violated== | ||
If you prove a violation of a Charter right, and the government cannot justify it under section 1, the next question is what kind of remedy or consequence is appropriate. Different kinds of remedies apply to different types of cases. Section 52(1) of the Constitution Act, 1982 says that any law inconsistent with the Constitution is of no force or effect. So a court may declare that a law is unconstitutional. This is what the news media mean when they talk about a court striking down a law. In such a case, a court may “suspend” its declaration to give the government time to make a new law that will be valid. | If you prove a violation of a Charter right, and the government cannot justify it under section 1, the next question is what kind of remedy or consequence is appropriate. Different kinds of remedies apply to different types of cases. Section 52(1) of the ''Constitution Act'', 1982 says that any law inconsistent with the Constitution is of no force or effect. So a court may declare that a law is unconstitutional. This is what the news media mean when they talk about a court striking down a law. In such a case, a court may “suspend” its declaration to give the government time to make a new law that will be valid. | ||
In other cases, an individual (personal) remedy is necessary. Section 24 of the Charter allows a person whose rights have been violated to apply to a court for a remedy the court considers appropriate and just in the circumstances. The Charter gives courts a lot of discretion about the kind of remedies they can order if a Charter right is violated. | In other cases, an individual (personal) remedy is necessary. Section 24 of the Charter allows a person whose rights have been violated to apply to a court for a remedy the court considers appropriate and just in the circumstances. The Charter gives courts a lot of discretion about the kind of remedies they can order if a Charter right is violated. | ||
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In other cases, the court may be able to do something else, like stop a prosecution, order one side to pay the other side's legal costs, or declare that certain rights were violated. The court will always decide what is fair and appropriate depending on the facts of the specific case. | In other cases, the court may be able to do something else, like stop a prosecution, order one side to pay the other side's legal costs, or declare that certain rights were violated. The court will always decide what is fair and appropriate depending on the facts of the specific case. | ||
More information | ==More information== | ||
For more information, check the Charter itself, script [[Charter of Rights and Freedoms: Legal Rights (Script 200)|200]], called “''Charter of Rights and Freedoms'': Legal Rights”, and script [[Charter of Rights and Freedoms: Equality Rights (Script 232)|232]], called “''Charter of Rights and Freedoms'': Equality Rights”. | |||