Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence
AbstractThis article looks at a case in the Canadian courts in which the Prime Minister was sued for preventing a Canadian citizen (Mr Black) from becoming ennobled in the United Kingdom. Black sued the Prime Minister and the Attorney-General of Canada for abuse of power, misfeasance in public office and negligence. This litigation has raised important constitutional questions. In particular, what happens when conflict occurs between Crown's advisors, and to what extent can the British and Canadian Crowns be disentangled, given the commonality of person and the historic legal continuity of the two constitutions? This problem could be avoided if the respective Ministers, British and Canadian, were to reconcile any difficulties and so prevent the Queen from being placed in an otherwise intolerable position. |