Law360 Canada (July 19, 2024, 1:15 PM EDT) -- Appeal by Attorney General of Canada (Canada) from a judgment of the New Brunswick Court of Appeal which affirmed a judgment of the Court of Queen’s Bench concluding that Crown’s immunity was not absolute. Power had been convicted of two criminal offences and had served a term of imprisonment. He later applied for a pardon for which he was found to be permanently ineligible because of the nature of the offences he had been convicted of and given the transitional provisions of the Limiting Pardons for Serious Crimes Act and the Safe Streets and Communities Act. The transitional provisions of both Acts were later declared unconstitutional. Power brought an action against the Crown for damages under s. 24(1) of the Canadian Charter of Rights and Freedoms (Charter) alleged to have been caused by the enactment of these provisions. Canada applied for a determination of questions of law, concerning whether the Crown could ever be held liable in damages in respect of the enactment of legislation that was later declared unconstitutional. Applying the principle established in Mackin, the motion judge answered in the affirmative, concluding there was no absolute immunity. The Court of Appeal agreed with the motion judge and dismissed Canada’s appeal. Canada argued it enjoyed absolute immunity from s. 24(1) damages for the enactment of unconstitutional legislation. Power submitted that the government was only entitled to a limited immunity....