Can governments in Canada be ordered to pay damages under section 24(1) of the Charter of Rights and Freedoms when a legislature has enacted unconstitutional legislation? The Supreme Court of Canada says “yes”, albeit only in limited circumstances.

In this episode of Appealing Briefs, host Adam Goldenberg and McCarthy Tétrault litigator Connor Bildfell discuss the decision in Canada v. Power. They explore the circumstances under which individuals may seek damages against the government for laws violating the Charter and the government's limited immunity from such claims.