Date Closed

July 19, 2024

Lead Office

Vancouver

On July 19, 2024, the Supreme Court of Canada released its decision in Canada (Attorney General) v. Power confirming that claimants may seek damages if the state passes a law that violates their rights or freedoms under the Canadian Charter of Rights and Freedoms.

The Court held that Charter claimants may seek a damages award if the state passes a law that violates their rights or freedoms under the Charter and the law was “clearly unconstitutional”, in “bad faith”, or an “abuse of power”. The Court stated that this test sets a “high threshold for damages” that strikes “a balance between the protection of constitutional rights and the need for effective government”. This landmark decision preserves Charter claimants’ ability to seek damages in these circumstances and reinforces the principle that Charter rights are only as meaningful as the remedies available for their breach.

McCarthy Tétrault represented the John Howard Society of Canada with a team led by Connor Bildfell and Simon Bouthillier.