What remedies are available to remedy a breach of s. 52 of the Constitution Act?
Canada (Federal), Canada
The following excerpt is from R. v. Tse, [2012] 1 SCR 531, 2012 SCC 16 (CanLII):
With respect to remedy, Lamer C.J. considered the means available to cure a breach of s. 52 of the Constitution Act, 1982 in Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679. One such remedy involves reading in; another involves the suspension of the declaration for a period of time.
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