What is the confidence of the judiciary that a government will comply with s.23(1) of the Charter with respect to a declaration of common law?
British Columbia, Canada
The following excerpt is from Little Sisters Book and Art Emporium v. Canada (Justice), 1996 CanLII 3500 (BC SC):
18 In Mahe v. Alberta (1990), 1990 CanLII 133 (SCC), 68 D.L.R. (4th) 69 (S.C.C.), Dickson C.J.C. (as he then was) expresses the confidence of the judiciary that governments will comply with declarations at p. 106: Such a declaration will ensure that the appellants' rights are realized while, at the same time, leaving the government with the flexibility necessary to fashion a response which is suited to the circumstances. As the Attorney-General for Ontario submits, the government should have the widest possible discretion in selecting the institutional means by which its s. 23 obligations are to be met; the courts should be loath to interfere and impose what will be necessarily procrustean standards, unless that discretion is not exercised at all, or is exercised in such a way as to deny a constitutional right.
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