Is suspending a declaration of invalidity preferable to the discontinuity that would otherwise result?
British Columbia, Canada
The following excerpt is from R. v. Frederickson, 2016 BCSC 301 (CanLII):
I am mindful that suspending a declaration of invalidity is a serious matter; Schachter [Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679] at 716. Doing so preserves and keeps in place an unconstitutional law. Nevertheless, I consider that this result, in this case, is preferable to the legal discontinuity that would otherwise result. …
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