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CROWN - Actions by and against Crown - Statutory defences, immunities, and bars to actions

Wednesday, March 28, 2018 @ 8:34 AM  

Appeal by Canada from a decision striking, with leave to amend, statements of claim filed by Whaling and Liang. Their claims sought damages because of the unconstitutionality of the retrospective application of the Abolition of Early Parole Act. The Supreme Court of Canada had ruled that the retrospective application of the Act was a violation of Whaling’s right to be free of double jeopardy. The BC Court of Appeal, in Liang’s case, held that the retrospective loss of the right to early parole effectively increased the...