This course examines the remedies that are available for breaches of the Charter and Aboriginal rights and related procedural issues. The related procedural issues may include standing, mootness and jurisdiction to award Charter remedies and apply the Charter. The discussion may include remedies in criminal cases, exclusion of evidence, damages, costs, declarations, injunctions (final and interlocutory), equitable and other remedies for violations of Aboriginal rights and the range of remedies available for unconstitutional legislation including reading down and reading in; severance, extension or invalidation of underinclusive laws; constitutional exemptions; delayed declarations of invalidity and prospective rulings.

Pre/anti-requisites

Anti-requisite: LAW 6728P - Constitutional Remedies

NCA equivalence:

N/A

Terms Offered

Winter 25

Video conference available

3.0 credits

Winter 25

Video conference only

Course Section: M

3.0 credits

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