In what circumstances will a court strike down or temporarily suspend a section of the Charter that prohibits the use of electronic communications?
British Columbia, Canada
The following excerpt is from J.S. v. C.F., 2005 BCSC 1011 (CanLII):
In Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679, the court considered the appropriate remedies for a Charter breach at ¶ 25: “Depending on the circumstances, the court may simply strike down the impugned legislation, or strike down and temporarily suspend the declaration of invalidity, or it may resort to the techniques of reading down or reading in.”
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