INJUNCTIONS AGAINST CROWN OFFICERS

Authors

  • B L STRAYER

Keywords:

Crown

Abstract

In this article the author examines injunctions as used against Crown officers in England and Canada. Using several cases, he identifies common themes and weighs the merits of these decisions. First, the author examines cases turning on the status of the defendant in which the capacity of the Crown officer, the inherent nature of the office, and instances of officers acting in a manner not authorized by law are discussed. Next, he examines cases relating to various functions of the Crown and in doing so discusses the advisory function of Ministers, as well as management of the public treasury and property. The author then proposes that equitable discretion should generally be exercised in favour of Crown officers and briefly discusses interim injunctions. He then considers statutory modifications to English and Canadian legislation relating to injunctions against Crown officers, and concludes by suggesting principles that can be drawn from the previously mentioned cases and statutes.

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Published

1964-03-01

Issue

Section

Legal Commentary