Cases

SCC Case Information

Summary

33089

City of Vancouver, et al. v. Alan Cameron Ward, et al.

(British Columbia) (Civil) (By Leave)

Keywords

Canadian charter - civil.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Charter of Rights - Remedies - Damages - In what circumstances and under what juridical principles should damages be awarded to compensate for government action that infringes a person’s Charter rights, but which would not have been actionable at common law? - Are damages available as a s. 24(1) remedy when the Charter breach was not accompanied by a tort, did not result in any loss to the plaintiff, and was not the product of bad faith? - Mackin v. New Brunswick (Minister of Finance); Rice v. New Brunswick, [2002] 1 S.C.R. 405, 2002 SCC 13 - Canadian Charter of Rights and Freedoms, ss. 7, 8, 9.

During Prime Minister Chrétien’s 2002 opening of the Millennium Gate in Vancouver’s Chinatown, police received a report that a man was overheard planning to throw a pie at the Prime Minister. The Respondent fit the suspect’s description in some respects, and was picked up by police as he was allegedly running down the street. The Respondent was allegedly loud in protesting his detention, attracting much attention. While initially detained for investigation of assault or attempted assault, he was arrested for breach of the peace. He was handcuffed and taken by paddy wagon to jail, and his car was seized. While at the lockup, the Respondent was strip searched by corrections officers. He was released four and a half hours after his arrest and was never charged. The Respondent brought an action against the Applicants seeking declarations that his Charter rights under ss. 7, 8 and 9 had been infringed, and seeking damages. He alleged that his treatment constituted assault, battery, false imprisonment, and negligence and included the police officers and corrections officers as defendants.