In an appeal from Alberta proceedings, the appellant sought Charter damages under s. 24(1) after alleging a regulatory board breached freedom of expression by restricting communications.
The majority held the statutory immunity clause barred the damages claim and concluded the claim should be struck at the pleadings stage.
Concurring reasons emphasized the absence of proper constitutional notice and evidentiary record to decide constitutional invalidity.
Dissenting reasons would have permitted the claim to proceed, finding it not plain and obvious that damages were unavailable or that the immunity clause necessarily applied.
The appeal was dismissed with costs.
