Injunctions and the Charter
TL;DRAbstract
In this short essay, Professor Sharpe outlines the challenge that faces the courts in fashioning suitable remedies in Charter litigation. In particular, he recommends that Canadian courts should look to the American experience and adopt it to the Canadian situation. He maintains that there is a constitutional mandate for the innovative and imaginative use of injunctive relief in Charter cases, especially in suits involving structural and institutional claims.
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In this short essay, Professor Sharpe outlines the challenge that faces the courts in fashioning suitable remedies in Charter litigation. In particular, he recommends that Canadian courts should look to the American experience and adopt it to the Canadian situation. He maintains that there is a constitutional mandate for the innovative and imaginative use of injunctive relief in Charter cases, especially in suits involving structural and institutional claims.
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