On January 18, 2010, the CCLA presented arguments before the Supreme Court of Canada in City of Vancouver, et al. v. Alan Cameron Ward, et al. This case, which concerned the availability of monetary damages for certain Charter infringing government conduct, is the result of a 2002 incident in which Mr. Ward, a member of public, was detained and stripped searched because police suspected he was going to throw a pie at Prime Minister Jean Chrétien. No pie was ever found and, after four and a half hours of detention. Mr. Ward was released without being charged. He subsequently launched a law suit in which he sought damages as a result of the affronts to his dignity which he had suffered.
The central question before the Supreme Court was whether monetary damages should be available when government infringes Charter rights in a manner that would not be otherwise actionable through private legal action, such as a civil suit. In CCLA’s view, the answer to this question must be yes, as courts need to have whatever tools they require at their disposal to ensure that Charter rights are respected and protected. An award of damages may be necessary to vindicate a Charter right, to deter similar breaches in the future or to express disapproval of unconstitutional conduct and courts must be free to craft remedies that redress the loss of dignity or moral harm associated with Charter breaches. As the facts of this case highlight, the rights of individuals, such as protesters, can at times be vulnerable. To the extent that society allows breaches of these rights to go unremedied, we risk undermining the vital role that they play in Canada’s democratic culture. The CCLA thanks Stuart Svonkin and Jana Stettner for the excellent representation they provided in this case.
To read CCLA’s factum before the Supreme Court click here.
To watch archived video of the hearing, click here.
