Does the limitation period apply to Charter damages claims in Brazeau and Reddock?
Ontario, Canada
The following excerpt is from Brazeau v. Canada (Attorney General), 2020 ONCA 184 (CanLII):
We agree with the motion judge that the six-year federal limitation period applies to these claims. The claims for Charter damages in both cases are with respect to the adoption and maintenance of a federal regulatory policy regime regarding administrative segregation that applied in all provinces. In this sense, the claims for Charter damages arise “otherwise than in a province”: see Markevich v. Canada, 2003 SCC 9, [2003] 1 S.C.R. 94. As found by the motion judge, the start date for claims in Brazeau is July 20, 2009, and in Reddock, it is March 3, 2011.
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