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Abstract: Canada’s fl exible approach to the separation of powers recognises both core competences and interconnections between the judiciary, the executive and the legislature. This proposition is examined through case studies of remedies under the Canadian Charter of Rights and Freedoms. The fi rst part of this article examines the ability of legislatures to deprive administrative tribunals of remedial powers. The second part examines how concerns regarding the separation of powers inform how courts use declarations and injunctions to respond to rights violations by the executive. The third part examines how Canadian courts have pioneered and frequently used suspended declaration of invalidity as a remedy that defers to legislatures. It suggests that greater attention to the court’s core competence of providing successful litigants with remedies could respond to some objections to the use of suspended declarations and prospective rulings.
Keywords: Canada; Charter of Rights and Freedoms; constitutional remedies; declarations; injunctions; suspended declarations of invalidity; separation of powers
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