What role do costs play in remedies under Section 24(1)?

The role of costs in remedies under Section 24(1) of the Canadian Charter of Rights and Freedoms is fundamentally tied to the principle of providing an effective remedy to individuals whose rights have been violated. Section 24(1) ensures that anyone whose rights have been infringed can seek a remedy from a court. This encompasses various forms of relief, including damages, injunctions, and declaratory relief, and importantly includes the awarding of costs, which serve to compensate the wronged party for legal expenses incurred during the process.

Costs are considered a significant aspect of the remedy because they allow the court to ensure that individuals can pursue their rights without the burden of excessive financial strain. The notion of compensating the wronged party includes not just the direct harm suffered but also the costs associated with defending their rights in a legal proceeding. When costs are awarded, they serve the dual purpose of making the party whole again and enabling access to justice, as the financial implications of legal action can deter individuals from seeking enforcement of their rights.

This context elucidates why costs are not merely an afterthought but rather an integral part of the judicial remedy process under Section 24(1). The goal is to provide a comprehensive remedy that acknowledges both the violation of rights and