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
Date Written: 2011
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: Suggested Citation