Schachter v. Canada
Encyclopedia
Schachter v. Canada [1992] 2 S.C.R. 679 is the leading Supreme Court of Canada
decision on the remedy
provisions in sections 24(1)
and 52(1) of the Constitution Act, 1982
. The Court provides a list of remedies available under each section.
Under section 52(1), the impugned law may be subject to any number of remedies: the law may be struck down completely, it may be suspended until remedied by the legislature, it may be read down to avoid the violation, an omission may be read in to the law, or the impugned provision may be severed.
Under section 24(1), the victim of the impugned law may apply for either a constitutional exemption, an injunction
, or damages
.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the remedy
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
provisions in sections 24(1)
Section Twenty-four of the Canadian Charter of Rights and Freedoms
Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated...
and 52(1) of the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
. The Court provides a list of remedies available under each section.
Under section 52(1), the impugned law may be subject to any number of remedies: the law may be struck down completely, it may be suspended until remedied by the legislature, it may be read down to avoid the violation, an omission may be read in to the law, or the impugned provision may be severed.
Under section 24(1), the victim of the impugned law may apply for either a constitutional exemption, an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
, or damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
.