How Character is violated

Question

Explain how Character is violated?

Answer 1

As the Charter is violated, the court might award whatever remedy it believe “appropriate and just in the situations.” For happening, the court might simply distress a declaration that the Charter has been violated and leave it to the legislature to solve the problem. The court may compel an injunction that requires the government to resolve the problem in a specific way. Going even further, the court may strike down a statute that violates the Charter, leaving the legislature to enact a new law that adheres to the Charter. The court may also save a statute by re-writing part of it—by severing out the offending law, reading down a statute that is applied very broadly or reading in a statute that is written too narrowly. The court may also award damages to people who suffer a Charter violation.