This report examines section 24 of the Judicature Act, RSA 1970, c 193 and makes recommendations with regard to it. The section provides that certain actions shall not be brought or maintained unless permission has first been given by the lieutenant-governor-in-council. The history of section 24 is examined, including its legal effects, and practice relating to this section.
The special protection which section 24(1) gives to Ministers of the Crown is not justified, and unless there is a special reason for the protection, it should not be given. Section 24 is not necessary in order to protect the Crown and its servants against injunctions, as section 17 of the Proceedings Against the Crown Act properly balances the public interest against the rights of the individual. This report concludes that section 24 is not needed and is capable of creating injustice and should therefore be repealed.