50. A number of examples may be cited from various
jurisdictions where courts have applied the doctrine of continuing
mandamus. In Canada, the case of Doucet-Boudreau v. Nova Scotia
(Minster of Education) [2003] 3. S.C.R. 3, (2003 SCC 62) involved a
question regarding realization of minority language education rights.
The trial court ordered the province to make best efforts to provide
homogeneous French-language facilities and programmes by
particular dates and also directed it to submit periodical reports on
status of those efforts. The Supreme Court of Canada held that the
trial court could retain post-judgment supervisory jurisdiction and
hear progress reports and would not become functus officio. It added
that “the meaningful protection of Charter Rights, and in particular
the enforcement of s.23 rights, may in some cases require the
introduction of novel remedies. A superior court may craft any
remedy that it considers appropriate and just in the circumstances. In
doing so, courts should be mindful of their roles as constitutional
arbiters and the limits of their institutional capacities.”
Lahore High Court
Writ Petition-Criminal Proceedings-Detention/habeas
409-20
2020 LHC 200
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