Another great post. I definitely agree the core problem is the majority's reasoning (indeed, in multiple respects), and not necessarily the outcome per se.
I have seen criticisms of this decision that in my view either miss the mark or are a tad histrionic. The attitude that the idea of damages in the context of unconstitutional legislation is an affront to Parliament seems a bit dubious to me, for two reasons: 1) the Charter's remedial provision is extremely broad and quite unambiguous, 2) damages in this context as "incompatible" with the Westminster system isn't entirely convincing, in that the notion actually seems like a rather natural extension in a context where we've already dramatically departed from tradition by empowering the courts to review and strike down legislation on substantive rights grounds. The problem with the Court's ruling is they've set up this window for damages via an unnecessary assault on parliamentary privilege (in addition to the other problems with reasoning your previous post outlined).
Another great post. I definitely agree the core problem is the majority's reasoning (indeed, in multiple respects), and not necessarily the outcome per se.
I have seen criticisms of this decision that in my view either miss the mark or are a tad histrionic. The attitude that the idea of damages in the context of unconstitutional legislation is an affront to Parliament seems a bit dubious to me, for two reasons: 1) the Charter's remedial provision is extremely broad and quite unambiguous, 2) damages in this context as "incompatible" with the Westminster system isn't entirely convincing, in that the notion actually seems like a rather natural extension in a context where we've already dramatically departed from tradition by empowering the courts to review and strike down legislation on substantive rights grounds. The problem with the Court's ruling is they've set up this window for damages via an unnecessary assault on parliamentary privilege (in addition to the other problems with reasoning your previous post outlined).