The Supreme Court of Canada says governments can be required to pay damages for passing unconstitutional laws.
In a new decision, a majority of the top court says governments have limited responsibility for drafting and passing laws that later turn out to violate the Charter.
The decision opens the way for a New Brunswick man to sue the federal government over two laws passed by the former Conservative government in 2010 and 2012.
Joseph Power was convicted of two offences in the 1990s and applied for a pardon in 2013, but was denied and lost his job as a result of the convictions.
Parts of the laws that prevented him from obtaining a pardon were later declared unconstitutional and he is now seeking redress.
The Court’s decision confirms that governments can be held liable for laws that are manifestly unconstitutional, made in bad faith or constitute an abuse of power.
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