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Jan 13, 2017

Supreme Court of Canada decision: Immunity Clause

The Supreme Court of Canada released the following decision:

Ernst v. Alberta Energy Regulator, 2017 SCC 1, File no. 36167

(Constitutional law — Charter of Rights  — Enforcement — Remedy — Damages — Claim brought against statutory board seeking Charter  damages for breaching right to freedom of expression — Board applying to strike claim on basis of immunity clause — Whether claim for Charter  damages should be struck out because it discloses no cause of action — Whether immunity clause is constitutionally inapplicable or inoperable to the extent that it bars claim against board for Charter  damages — Whether constitutional question should be decided at this stage of proceedings — Canadian Charter of Rights and Freedoms, s. 24(1)  — Energy Resources Conservation Act, R.S.A. 2000, c. E‑10, s. 43.)


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