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Schachter v. Canada 2 S.C.R. 679 is the leading Supreme Court of Canada (SCC) decision on the remedy provisions in sections 24(1) of the Charter of Rights and Freedoms and 52(1) of the Constitution Act, 1982. The SCC 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 into 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.
See also
References
- Schachter v. Canada, (Supreme Court of Canada 9 July 1992).
External links
- Full text of Supreme Court of Canada decision at LexUM and CanLII