L'OCTROI D'UNE REPARATION EN VERTU DE L'ARTICLE 24 DE LA CHARTE DES DROITS ET LIBERTES
AbstractThis article examines two aspects of the procedure for the granting of a remedy under section 24 of the Charter of Rights and Freedoms. It first deals with the concept of a "court of competent jurisdiction" in light of the decision of the Supreme Court of Canada in R. v. Mills. The author demonstrates how in general this decision clarifies the state of the law in this field, while noting the procedural difficulties to which it gives rise and the modifications which could be made. The second part of the article deals with the concept of remedy. The author first defines what a remedy should be, i.e. compensation for a wrong suffered, not a mere additional ride of procedure. He then examines the state of the law in relation to the various remedies available, and in doing so stresses the direction judicial decisions should follow in order to preserve the compensatory nature of the constitutional remedy.
Download data is not yet available.