The Canadian government will be held accountable for the adoption of unconstitutional laws

Photo: Geoff Robins Agence France-Presse The Court's decision confirms that governments can be held responsible for laws that are manifestly unconstitutional, in bad faith or constitute an abuse of power.

The Canadian Press in Ottawa

Posted at 1:51 p.m.

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• Canada

The Supreme Court of Canada says governments can be held liable for damages for passing unconstitutional laws.

In a new decision, a majority of the top court says governments have limited liability for drafting and passing laws that are later found to violate the Charter.

The decision clears the way for a New Brunswick man to sue the federal government over two laws passed by the former Conservative government in 2010 and 2012.

Joseph Power was convicted of two offences in the 1990s and applied for a pardon in 2013, but was denied a pardon and lost his job as a result of the convictions.

Elements of the laws that prevented him from getting a pardon were later declared unconstitutional and he is now seeking redress.

The Court’s decision confirms that governments can be held liable for laws that are manifestly unconstitutional, made in bad faith or constitute an abuse of power.