What is the leading authority on constitutional remedy?
Ontario, Canada
The following excerpt is from Hislop v. Canada (Attorney General), 2003 CanLII 37481 (ON SC):
As noted in Halpern, the leading authority on constitutional remedy remains Schacter v. Canada 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679. The determination of the appropriate remedy or remedies involves a three part analysis. The first step is to define the extent of the impugned law’s inconsistency with the Charter. The second step is to select the remedy that best corrects the inconsistency. Third, the court should consider whether or not is should suspend the remedy for a period of time.
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