POL337 – The Canadian Constitution
Jan 29 2013
1. Declaratory Relief
- Stating what the rights are for the case – leaves options to the parties of
how they will go about in addressing the claim
- They are more deferential and less activists than remedies.
- For that reason they can be attractive to the courts. Judges do not have
the power to implement that decision. When they start shooting
remedies, they will ignore them.
- As a remedy, injunctions are inflexible and specify certain breach of rights
- Suggests rights
- Less flexible and more demanding
- Enthusiasts of civil liberties and rights protection regime will say they are
also better and healthier for a right protection
Remedies regarding the rulings of statutory unconstitutionality
- Nullification or strik