QUE RESTE-T-IL DE L'ARTICLE 24 DE LA CHARTE CANADIENNE APRES L'AFFAIRE SCHACHTER?

Authors

  • GHISLAIN OTIS

Abstract

This article explains how, in Schachter v. Canada, the Supreme Court of Canada has determined the respective scopes of section 52 of the Constitutional Act, 1982 and section 24 of the Canadian Charter of Rights and Freedoms. More specifically, it seeks to assess the impact of Schachter on the application of section 24 of the Charter where there is a violation of a constitutional guarantee arising out of legislation. The article emphasizes that section 24 remains an important remedial provision where a statute is unconstitutional despite the hesitancy of the Supreme Court with regard to concurrent constitutional sanctions. According to the author, the concurrent application of section 52 and section 24 would generally not be questionable when the remedy sought by virtue of section 24 permits a person to avail himself of his rights in the future. Similarly, the courts still have authority to award a "retrospective" remedy when they think it "appropriate and just'; given the circumstances of a particular case.

Keywords:

Constitutional Law

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Published

1993-06-01

Issue

Section

Case Reviews