Does the limitation period apply to a Charter claim?

However, since hearing the within motion, there has been a subsequent decision in the Pearson case. Although the trial judge acknowledged that there was some uncertainty on this issue in the case law, the trial judge came to a different conclusion on this point. In Pearson v. Canada, 2006 FC 931, [2006] F.C.J. No. 1175, de Montigny J. stated, at ¶54: The purposes of limitation periods are as valid in the context of a Charter claim as they are for any other type of claims; a claimant should not be entitled to sue the Crown indefinitely just because the basis of this complaint is the violation of a constitutional right. As long as the government is not trying to do indirectly what it could not do directly, I see no reason not to apply the limitation period.