A Montreal-based law team is at the heart of a Supreme Court of Canada (SCC) decision that gives Canadians new redress over laws that violate their constitutional rights.
Friday’s ruling in Canada (Attorney General) v. Power says governments can no longer shield themselves from lawsuits that come as a result of harmful legislation. The court affirmed Canadians’ right to seek damages when legislators put forth laws that are “clearly unconstitutional,” “in bad faith” or “an abuse of power.”
The case revolved around New Brunswick man Joseph Power who lost his job as an X-ray technician because of a criminal record. He sought a pardon in 2013, but was denied because of a law passed by the Harper government.
His case went up to the Supreme Court, where it was argued by Montreal law firm Trudel Johnston & Lespérance. One of those lawyers is Lex Gill, who has also taught part-time at McGill Law since 2020. Gill joins CKUT to discuss.
