The Supreme Court's Remedial Decision in the Insite Case

Journal of Parliamentary & Political Law, Vol. 6, p. 238, 2012

10 Pages Posted: 24 May 2015

See all articles by Kent Roach

Kent Roach

University of Toronto - Faculty of Law

Date Written: 2011

Abstract

This short article examines the Supreme Court of Canada's decision to issue a mandatory mandamus in the 2011 Insite decision as opposed to a declaration used in the 2010 Khadr decision. It suggests the two decisions can be reconciled by attention to the particular factual record of the Insite decision and that this may limit the value of the Insite case as a precedent to support the use of mandatory remedies.

Suggested Citation

Roach, Kent, The Supreme Court's Remedial Decision in the Insite Case (2011). Journal of Parliamentary & Political Law, Vol. 6, p. 238, 2012, Available at SSRN: https://ssrn.com/abstract=2609520

Kent Roach (Contact Author)

University of Toronto - Faculty of Law ( email )

Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)

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