Is it appropriate to delay making a declaration of invalidity?
British Columbia, Canada
The following excerpt is from Morton v. British Columbia (Agriculture and Lands), 2009 BCSC 136 (CanLII):
In Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679 at 715-717, Lamer C.J., for the unanimous court on this issue, held that delaying declarations of invalidity is appropriate where there is a potential danger to the public, a threat to the rule of law, or other practical difficulties from the immediate effectiveness of the declaration. I consider that the same reasoning applies to reading down legislation.
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