Supreme Court of Canada rules state can be held liable for enacting clearly unconstitutional laws

https://www.jurist.org/news/2024/07/supreme-court-of-canada-rules-state-can-be-held-liable-for-enacting-clearly-unconstitutional-laws/

The Supreme Court of Canada ruled Friday that the Canadian government can be held liable for enacting laws that are “clearly unconstitutional,” done in bad faith, or stem from abuse of power.

Chief Justice Richard Wagner and Justice Andromache Karakatsanis, writing for the majority, rejected the state’s argument that Canada has absolute immunity from damages for enacting unconstitutional laws. The court reaffirmed the 2002 Supreme Court of Canada decision in Mackin v New Brunswick, which held that the state only has limited immunity. The majority clarified the immunity threshold as being an enactment that is “clearly unconstitutional,” such that the “lawmakers knew the law was unconstitutional or were reckless or wilfully blind as to its unconstitutionality.” If met, then the state can be held liable for damages.