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

State Not Fully Immune for Enacting Charter-Violating Laws, Says Supreme Court
The Supreme Court of Canada is seen in Ottawa on Aug. 10, 2022. The Canadian Press/Adrian Wyld
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Canada’s highest court has ruled that 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.