CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, July 24, 2010

"Canada high court rules damages appropriate remedy for Charter rights violations"

Jurist reports on Friday's decision:

The case arose after Vancouver lawyer Cameron Ward was mistakenly arrested for making threats against then-prime minister Jean Chretien [CBC profile]. Ward was detained and eventually arrested for breach of the peace, and he and his car were searched based on the mistaken arrest. Ward filed a lawsuit alleging tort violations and violations of his Charter rights. . . . The court held that determining the appropriate remedy for a violation of Charter rights is a three-step process involving an inquiry into whether the rights were violated, a showing of why damages are an appropriate remedy and the opportunity for the government to refute the appropriateness of the damages.

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