Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights?
Alberta, Canada
The following excerpt is from Trang v. Alberta (Edmonton Remand Centre), 2005 ABCA 66 (CanLII):
In our view, the proceedings are not moot. There is clearly a live controversy between the parties as to whether or not the respondents’ charter rights were breached while they were incarcerated. An action for a declaration may proceed in the absence of a claim for any other remedy. Given our findings on that issue it is unnecessary for us to consider the second stage of the Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342 analysis; that is whether the chambers judge properly exercised his discretion in allowing the proceedings to continue.
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