Can an interlocutory application for a declaration under section 24 of the Charter proceed to trial?
British Columbia, Canada
The following excerpt is from L’Association des parents de l’école Rose-des-Vents v. Conseil scolaire francophone de la Colombie-Britannique, 2011 BCSC 89 (CanLII):
In Grimm v. Wetaskiwin Regional Division No. 11, 1998 ABQB 600, Johnstone J. held that the factual disputes and complex constitutional issues raised by an application for a declaration under s. 24(1) of the Charter could not properly be heard on an interlocutory application. There, the plaintiffs had commenced an action but sought to sever the Charter issue and have it determined in chambers. Madam Justice Johnstone directed that the entire matter proceed to trial.
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