Can a plaintiff get relief for a Charter violation?

Ontario, Canada


The following excerpt is from A. and al., 2007 ONSEC 13 (CanLII):

While courts have held that it is possible to get relief for a prospective Charter violation in circumstances where the claimant can establish that there is a "sufficiently serious risk" or a "high degree of probability" that an alleged Charter violation will occur, these types of situations are rare. In such a case, the onus of proving a prospective Charter breach is a high one; the decision maker must be satisfied that if relief under section 24 of the Charter is not granted, an individual's Charter rights will be prejudiced (Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mines Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 ("Phillips") at para. 110).

Other Questions


In what circumstances will a plaintiff be awarded damages for false arrest, wrongful imprisonment, Charter violation and Charter violation? (Ontario, Canada)
Does the Minister of Justice have a basis to refuse surrender to surrender on the grounds that extradition to the United States is a violation of section 6(1) of the Charter of Charter Rights? (Ontario, Canada)
Does Section 9 violation in relation to over holding constitute a serious violation of section 9 of the Charter? (Ontario, Canada)
Does the exclusion of the knife in the context of a random check stop constitute a Charter violation? (Ontario, Canada)
What are the circumstances in which a plaintiff has been found to be a crumbling skull plaintiff? (Ontario, Canada)
Can a plaintiff's ferry from Belleville to any point west of the colorable distance from plaintiff’s ferry? (Ontario, Canada)
What are the consequences of Charter violations? (Ontario, Canada)
What is the test for relief in Charter cases? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
Does a by-law violation or zoning violation go to the root of title? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.