OTTAWA: The Canadian Constitution Foundation (CCF) is appearing as an intervener today in a Supreme Court of Canada appeal about Crown immunity. The case is Attorney General of Canada v Joseph Power.
The issue in Power is a narrow one: whether the Crown enjoys absolute immunity from a civil suit seeking Charter damages for the enactment of legislation declared unconstitutional. The government says it does have absolute immunity, and Power argues there is no absolute immunity. The CCF will be arguing that the government is not entitled to absolute immunity and damages may be available in some exceptional circumstances.
“The high threshold for damages for an unconstitutional law is appropriate and a reasonable restraint on government. We will argue to keep this high threshold. The government cannot have absolute immunity for bad faith unconstitutional laws,” said CCF Litigation Director Christine Van Geyn.
The CCF is represented in this case by George Avraam, Jennifer Bernardo and Rono Khan of Baker McKenzie. The hearing at the Supreme Court of Canada can be live streamed here.
Members of the public interested in supporting the costs associated with this case can make a tax-deductible charitable donation at theCCF.ca/donate/