Canada (the King) v. Whaling, 2025 FCA 140
Justice Goyette; Justice Rennie; Justice Laskin - 2025-08-01
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In this appeal, the primary legal issues addressed were whether the estate of a deceased individual in a class action can claim damages under section 11(h) of the Canadian Charter of Rights and Freedoms, and if provincial estates statutes restrict such claims. The Federal Court previously affirmed that an estate could pursue Charter damages, with determinations based on applicable provincial legislation. However, the Attorney General contended that only living individuals could claim these rights, and further argued that the doctrine of intergovernmental immunity barred recovery under provincial statutes. The appellate court reversed the Federal Court's decision, ruling that the Charter establishes who may claim remedies under section 24(1), unaffected by provincial survival laws. It clarified that the rules regarding standing for Charter claims are determined strictly under the Charter, and provisions of provincial legislation do not expand the standing of estates to pursue such claims. Thus, the appeal was allowed, reinforcing the necessity of direct individual standing for Charter claims.
Decision relates to:
- A-199-24 - HMTK v. Kristen Marie Whaling (Formerly Known as Christopher John Whaling) which is an appeal from 2024 FC 712 in T-455-16