What is the effect of s. 24(1) of the Charter of Canada on an individual action?
Nova Scotia, Canada
The following excerpt is from French v. Nova Scotia (Attorney General), 2012 NSSC 394 (CanLII):
Dr. French acknowledged the statement, at paragraph 89 of Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679, that: “An individual remedy under s. 24(1) of the Charter will rarely be available in conjunction with an action under s. 52 of the Constitution Act, 1982. Ordinarily, where a provision is declared unconstitutional and immediately struck down pursuant to s. 52, that will be the end of the matter. No retroactive s. 24 remedy will be available."
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