What types of remedies are under Section 24(1)?

Prepare for the NCA Canadian Constitutional Law Exam with a range of engaging tools. This quiz features flashcards and multiple choice questions complete with hints and explanations. Boost your confidence and ready yourself for success!

Section 24(1) of the Canadian Charter of Rights and Freedoms provides individuals with the right to apply to a court for a remedy if their Charter rights have been violated. This section emphasizes the importance of judicial protection and aims to uphold the rule of law.

The correct answer highlights that damages and exclusion of evidence are considered valid remedies under this provision. Specifically, the court may provide monetary compensation (damages) to individuals for violations of their rights, which serves to remedy the harm suffered due to the infringement. Moreover, the exclusion of evidence refers to the principle that if evidence is obtained in violation of an individual's Charter rights, such evidence may be deemed inadmissible in court. This upholds the integrity of the justice system and discourages unlawful practices by law enforcement.

Other options do not align as directly with the specific remedies that Section 24(1) encompasses. While injunctions and penalties, declaratory judgments and rescissions, or solitary confinement and fines can be part of legal remedies, they do not specifically reflect the remedies available under this section aimed at addressing Charter violations. Section 24(1) focuses primarily on providing remedies that restore an individual's rights or protection from unlawful state action, rather than general legal remedies typically associated with other areas

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy