Which case established the precedent for imposing temporary validity?

The case that established the precedent for imposing temporary validity is Schacter v Canada. In this decision, the Supreme Court of Canada dealt with the issue of whether certain provisions of the Canada Pension Plan discriminated against certain individuals on the basis of age, which was deemed a violation of the equality rights protected under Section 15 of the Canadian Charter of Rights and Freedoms.

The Court, recognizing the potential disruption that could be caused by an immediate nullification of the challenged provision, exercised a remedial approach by declaring the provisions to be invalid but allowed for a temporary suspension of the declaration of invalidity. This temporary validity provided time for Parliament to amend the legislation in a way that would bring it into compliance with the Charter. This approach underscored the Court’s commitment to balancing the need to uphold constitutional rights with the practical implications of its rulings, establishing a pathway for the gradual reform of legislation while preventing instantaneous disruption.

In contrast, the other cases, such as Vriend v Alberta, R. v. Morgentaler, and Reference re: Secession of Quebec, addressed different aspects of constitutional law without specifically addressing or establishing the temporary validity doctrine in the context laid out in Schacter v Canada. Each of those cases had their own significant impacts