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Constitutional Remedies: Are They Effective and Meaningful?

February 28, 2014 @ 8:30 am - 5:00 pm



Keynote Address

For more information contact Kara Norrington at

The David Asper Centre for Constitutional Rights is hosting a conference examining in detail the remedies available in constitutional litigation.

Papers and panel discussions will stimulate and develop an ongoing dialogue on the effectiveness of remedies. The goal is to examine the available remedies pursuant to s.24 and s.52 of the Charter as well as remedies for the violation of Aboriginal and treaty rights under the constitution. Key themes include the following.

• Will the promise of the Ward Charter damage claim be realized? Issues related to the quantum of damages in relation to the costs and risks of litigation; the interaction between Charter and tort claims.
• The role of injunctions and declarations: Would/should the Supreme Court affirm supervisory jurisdiction as it did in Doucet Boudreau if it heard the case today; are injunctions necessary or will declarations suffice including in litigation with respect to conditions of confinement and positive rights? What can be learned from comparative experiences?
• Remedies for violations of Aboriginal and treaty rights: What are the remedies for breach of the duty to consult and are they meaningful and effective?
• Remedies for unconstitutional legislation: Are the courts employing the soft remedies of reading down and suspended declarations of invalidity too much?

Opening Plenary Debate: Be it resolved that Judges can rewrite statutes to make them constitutional
Debaters: Prof. Kent Roach and Prof. Hamish Stewart
Moderator: Hon. Justice Robert Sharpe, Ontario Court of Appeal

Keynote Speaker: Professor Sandra Liebenberg
H.F.Oppenheimer Chair in Human Rights Law Department of Public Law Faculty of Law, University of Stellenbosch, SA

Accreditation: This program is worth 5.0 substantive hours and 0 professionalism hours.

Full Program Here


February 28, 2014
8:30 am - 5:00 pm