Chatterjee v. Ontario: Property, Crime and Civil Proceedings

Abstract

This paper examines the decision in Chatterjee v. Ontario (Attorney General), which upheld the constitutionality of provincial legislation permitting the pursuit of civil actions in response to criminal activity. The legislation in question, Ontario's Civil Remedies Act, enabled the pursuit of money remedies for criminal activities through civil legal proceedings. The Supreme Court of Canada in Chatterjee examined whether or not provincial legislation permitting civil actions for breaches of the federal Criminal Code was ultra vires provincial jurisdiction. This paper provides an overview and an analysis of the Chatterjee decision.

Keywords: Chatterjee, civil liability, Civil Remedies Act, jurisdiction, criminal compensation, Johnson v. Attorney General of Alberta, R. v. Craig, division of powers