Licencing State Misconduct: Revisiting Nasogaluak and Ward
Abstract
A legal right only has meaning if, when the right is infringed, it can be vindicated in some way. Section 24 of the Canadian Charter of Rights and Freedoms (Charter) provides a basis for courts to provide remedies for Charter violations, but the case law demonstrates the need for more robust remedies in the criminal context. Courts have restricted the application and meaning of section 24(1), resulting in an overreliance on stays of proceedings and sentence reductions. These remedies often fall short of censuring state misconduct and providing sufficient vindication. The authors suggest an alternative approach: under section 24(1), criminal courts, where appropriate, should provide monetary compensation to victims of police misconduct at the conclusion of criminal proceedings.
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