The doctrine of Crown immunity provides that a statute does not bind the Crown unless the statute expressly so states or it is otherwise clear from the enactment that the legislature intended the Crown to be bound. The Commission draws a distinction between legislation currently in force and future enactments in its recommendations for reform.
The presumption of Crown immunity holds that the Crown is not bound by statue unless expressly bound by a specific enactment. This Consultation Paper discusses the presumption and the consequences of reversing it. The Paper discusses how the courts in Canada have interpreted and applied the presumption, reviews the criticisms of the presumption, and considers how reversing the presumption would affect the law in Saskatchewan.