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Charter Damages: Private Law in the Unique Public Law Remedy

Charter Damages: Private Law in the Unique Public Law Remedy

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Title: Charter Damages: Private Law in the Unique Public Law Remedy
Author: Adourian, Peter Krikor
Abstract: In 2010, the Supreme Court of Canadas decision in Vancouver (City) v Ward created a framework for a Charter damages claim. In two subsequent decisions, the Court deviated from Ward by relying extensively on private law principles to award public law damages. In doing so, the Court has created increasingly troubling results. I review the history of Charter damages and the Courts relevant Charter and private law damages jurisprudence, with a particular focus on factors like fault thresholds, immunities, and direct liability of government. I find that Ward provides an appropriate and just remedy in accordance with a purposive approach to Charter remedies, the interest-balancing approach in the Charter text and jurisprudence, and the well-established objectives of Charter remedies. Understanding Charter damages in this way limits the role for private law principles. The future development of Charter damages doctrine ought to be guided by Charter principles first.
Subject: Law
Keywords: Charter damages
Remedies
Charter of Rights and Freedoms
Constitution
Canada
Charter
Constitutional torts
Human rights
Wrongful conviction
Constitutional litigation
Section 24(1)
Malicious prosecution
Misfeasance
Negligence
Private law
Tort law
Constitutional law
Ward
Henry
Ernst
Supreme Court of Canada
Doctrinal
Purposive approach
Proportionality
Interest-balancing
Compensation
Vindication
Deterrence
Police
Prosecutors
Mackin
Immunity
Direct liability
Public law
Judicial discretion
Adourian
Type: Electronic Thesis or Dissertation
Rights: Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
URI: http://hdl.handle.net/10315/35597
Supervisor: Cameron, Jamie
Degree: LLM - Master of Laws
Program: Law
Exam date: 2018-09-17
Publish on: 2018-11-21

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