Can a plaintiff get relief for a Charter violation?

While courts have held that it is possible to get relief for a prospective Charter violation in circumstances where the claimant can establish that there is a "sufficiently serious risk" or a "high degree of probability" that an alleged Charter violation will occur, these types of situations are rare. In such a case, the onus of proving a prospective Charter breach is a high one; the decision maker must be satisfied that if relief under section 24 of the Charter is not granted, an individual's Charter rights will be prejudiced (Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mines Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 ("Phillips") at para. 110).