Government can be held liable for making unconstitutional laws: Supreme Court of Canada

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Government can be held liable for making unconstitutional laws: Supreme Court of Canada
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The Supreme Court of Canada has ruled that the state is not immune from liability for drafting and enacting laws that are later found to be unconstitutional.

The Supreme Court of on the banks of the Ottawa River is pictured in Ottawa on June 3, 2024. THE CANADIAN PRESS/Sean Kilpatrickof Canada has ruled that the state is not immune from liability for drafting and enacting laws that are later found to be unconstitutional.courtJoseph Power was convicted of criminal offences in the 1990s, served a prison sentence, and then went on to become a medical radiation technologist.

However, parts of the legislation that allowed for retrospective application were later declared to be contrary to the Charter of Rights and Freedoms. "By shielding the government from liability in even the most egregious circumstances, absolute immunity would subvert the principles that demand government accountability," wrote Chief Justice Richard Wagner and Justice Andromache Karakatsanis on behalf of the majority.

"The state’s liability for unconstitutional legislation does not engage members' personal immunity for parliamentary speech. Nor does it interfere with Parliament's power to control its own debates and proceedings, or dictate how the legislative function is exercised."

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