CHARTER LITIGATION
constitutional law
Charter challenges are crucial for signaling to the government and judiciary that a law or government action needs adjusting. PATH has experience with Charter challenges against Correctional Services Canada and the Parole Board of Canada.
Why aren’t there more Charter challenges?
The Charter is a complicated legal mechanism. To win a case involving Charter rights, you must meet specific legal tests, which require gathering a lot of evidence and having a lawyer who can carefully evaluate it. The more time a lawyer spends on this, the more costly the case can become for the individual. Because of this, many people find it difficult to pursue a Charter challenge on their own. Most Charter challenges are handled by law firms or non-profit organizations that have the resources needed to navigate this process.
The Process
RESEARCH
The lawyer and their legal team will define what law or practice is allegedly violating the Charter.
SUBMIT CHALLENGE TO THE COURT
The opposing party (the government) will also file their documents to the court.
EXCHANGE AND EXAMINE EVIDENCE
Both lawyers will exchange evidence and take time to review it.
SETTLEMENT NEGOTIATION
REMEDY/OUTCOME AT TRIAL
Possible Remedies
A judge may order individualized remedies, such as financial compensation.
A judge may order systemic remedies against an unjust law, such as removing the law from the books or declaring a section of the law unconstitutional and in need of amendment.
How PATH can help
Where there is capacity, PATH will pursue a case that is purely a Charter challenge and offer legal representation.
Most often, PATH will argue Charter issues on cases for existing client files, such as in a civil lawsuit or a habeas corpus application.
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Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
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Practicing lawyers
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Managing Lawyer
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Staff Lawyer