Is a breach of a public law duty owed by the government owed to the victim's parents enforceable?
British Columbia, Canada
The following excerpt is from Sekhon v Canada (Attorney General), 2019 BCSC 1164 (CanLII):
It is important to distinguish between a private law duty of care and the public law duty owed by all government actors to exercise their statutory powers in a manner that is lawful and rational. Public law duties are enforceable through administrative law remedies that can be obtained on an application for judicial review. However, on its own a breach of a statutory duty is not a breach of a private law duty of care: Wu v. Vancouver City, 2019 BCCA 23 at para. 43, leave to appeal denied [2019] S.C.C.A. No. 90.
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