Understanding Charter Damages

The Judicial Evolution of a Charter Remedy

By: W.H. Charles

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Paperback | 4 February 2016

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Paperback
184 Pages

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22.8 x 15.2 x 1.2

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This text endeavours to provide readers with a more complete understanding of the purposes and scope of this judicially created "Charter" remedy. It also brings to readers’ attention the various relevant factors that influenced the development of this new remedy. Most importantly, the book examines in detail the new analytical framework set out by the Supreme Court of Canada in "Vancouver (City) v Ward" in 2010. Using a database of just over 100 cases covering a span of more than thirty years, the author chronicles the evolution of "Charter" damages through the decisions of provincial and federal trial and appeal courts. Cases involving "Charter" damages are statistically assessed in terms of success rates, reasons for rejection of claims, award amounts, types of damages awarded, "Charter" sections involved, and recurring problems. The author also examines the effect of the "Ward" decision, and use of the new analytical framework, during the post–"Ward" period of 2010 to 2015. As part of this review, the Supreme Court’s decision in "Henry v British Columbia (AG)," dealing with prosecutorial discretion, is analyzed in some detail. The author concludes with a contemporary assessment of the effectiveness of "Charter" damages as a constitutional remedy.

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