FEBRUARY 28, 2014
8:30 AM to 5:00 PM
Location: VIC 323
The conference will present papers that stimulate and develop an ongoing dialogue on the effectiveness of remedies. The goal is to thoroughly examine the available remedies pursuant to s.24 and s.52 of the Charter as well as remedies for the violation of Aboriginal and treaty rights under the constitution. Key themes include:
· Will the promise of the Ward Charter damage claim be realized? Issues related to the quantum of damages in relation to the costs and risks of litigation; the interaction between Charter and tort claims and the role of Charter damages and class actions.
· The role of injunctions and declarations: Would/should the Supreme Court affirm supervisory jurisdiction as it did in Doucet Boudreau if it heard the case today; are injunctions necessary or will declarations suffice including in litigation with respect to conditions of confinement and positive rights? What can be learned from comparative experiences?
· Remedies for violations of Aboriginal and treaty rights: What are the remedies for breach of the duty to consult and are they meaningful and effective?
· Remedies for unconstitutional legislation: Are the courts employing the soft remedies of reading down and suspended declarations of invalidity too much?
· Other conference themes may include issues such as the evidence necessary to justify a particular remedy; remedies in the criminal law context; the remedial role of costs awards; interlocutory injunctions in the constitutional context; and jurisdiction to award Charter remedies.
Plenary sessions will include:
· Prof Sandra Liebenberg, University of Stollenbosh, SA
· Debate: Prof. Kent Roach and Prof. Hamish Stewart will debate the use of statutory interpretation to avoid declarations of constitutional invalidity
The registration for this conference is closed as of Tuesday, February 25, 2014. If you would like any further information please e-mail send an e-mail to kara.norrington@utoronto.ca. Thank you.
For more information:
http://www.aspercentre.ca/events/calendar/remedies-conference.htm
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