Supreme Court upholds damages claim in charter rights breach case

[bebe]

http://www.theglobeandmail.com/news/national/british-columbia/supreme-court-upholds-damages-claim-in-charter-rights-breach-case/article1649475/

The Supreme Court of Canada says people whose charter rights are breached can win damages, even if there was no misbehaviour on the part of the authorities.

The high court unanimously upheld $5,000 in damages given to Alan Cameron Ward, a Vancouver lawyer who was strip-searched in 2002 when he was wrongly suspected of plotting to pie then-prime minister Jean Chretien.

...

Mr. Ward was arrested because he partly fit the description of a man suspected of planning the pie attack. Police took him to jail, where he was strip-searched. His car was towed. He was never charged and was released after about four and a half hours.

...

“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.”

I think this is an important decision: If there are no consequences of a breach of citizen's charter rights, then it's open season on all of us.

The implications for the G20 1000 are obvious: Those 700+ detained with no reason will be able to claim damages. Maybe that'll make the authorities think twice about aggressive police roundups of protesters in the future.

But despite the obvious seriousness of this topic, I am quite amused by this comment

Strip-searched because he was suspected of being a Pie thrower? WOW...he deserves more than $5000 from the simple minded policeman who authorized this...where did they think the pie was?

Edited July 23, 2010 by bebe

[Handsome Rob]

I think it's a fine line....

On the one hand a police state is undesirable, and it's a slippery slope to getting there.

On the other hand, many of those held went down there looking for trouble. The equivalent to, "I want a new car, I'll slam on my brakes and get rear-ended by the SUV, bingo, new car."

Interested to see what the results of this are. It seems foolish to declare allegiance to either side, sure their are some people that blatantly got the short end of the stick, but the media is basically useless in reporting details of most of the events.

I would think right now, what is needed, is draconian punishments for those actually convicted of black-block tactics, and handsome settlements for those wrongfully assaulted & detained. Smack with one hand and feed with the other.

[DrGreenthumb]

I think it's a fine line....

On the one hand a police state is undesirable, and it's a slippery slope to getting there.

On the other hand, many of those held went down there looking for trouble. The equivalent to, "I want a new car, I'll slam on my brakes and get rear-ended by the SUV, bingo, new car."

Interested to see what the results of this are. It seems foolish to declare allegiance to either side, sure their are some people that blatantly got the short end of the stick, but the media is basically useless in reporting details of most of the events.

I would think right now, what is needed, is draconian punishments for those actually convicted of black-block tactics, and handsome settlements for those wrongfully assaulted & detained. Smack with one hand and feed with the other.

The police who gave the orders to attack the peaceful protestors should be criminally charged. small payments made to those whose rights were violated will just be seen as a "cost of doing business" to Harper and his elitist asshole friends. The police chief blair should be charged with something for attempting to mislead the public by including non-g20 related items on his "weapons table" for the press, like the chainsaw and crossbow that weren't anything related to the g20 or protests. Same goes for the BS arrows tipped with foam that were for a role playing game not for for burning things during a protest as the lying sack of shit Police chief claimed.

[August1991]

Uh, who is going to pay the $5000 damages?

The policemen involved or taxpayers?

[bebe]

Uh, who is going to pay the $5000 damages?

The policemen involved or taxpayers?

I expect it will be the police dept/taxpayers. Though that may seem unfair, I think if it affects their budget police mucky-mucks will think more seriously about the consequences of violating people's charter rights in the future, and may be more resistant to political pressure to take such an aggressive approach. That then filters down to officers being more careful about violating people's rights.

I don't entirely blame the individual officers. Some were a**holes but that kind of wholesale roundup of citizens reflects attitude gleaned from higherups.

The a**holes threatening and sexually harassing and assaulting should be punished to the fullest extent of the law, imo.

So should Harper who I believe holds us all in contempt and unleashed the 'attitude' in the first place ... and that may take place at the ballot box.

[Yesterday]

This could have interesting implications regarding any political agenda with aims to prevent peaceful protesting in the future.

[Molly]

Obviously they did not expoect to find a pie secreted somwhere under his clothing, so they used the strip search (and detention) as tools of punishment, not investigation.

The meting of punishment simply because authourities felt like it, and thought they could get away with it... makes this a good ruling.

[William Ashley]

Yeah it is quite disgusting someones charter rights can be infringed and money is used to solve the problem. Basically it is buying illegality - rather than defending the honour of the administration of justice - it is disgusting. You are talking about the basis of elections, liberty and security being exchangable for money if access to them is deprived. While the government that infringes the constitution just pays tax dollars to violate peoples rights and access to equaity and freedom. Totally corrupt and disgusting.

How about loss of police immunity for willful disregard of charter breaches?

I was in court witha cop who stated they didn't even know the canadian constitution - how the heck does someone become a law enforcement officer without even knowing the constitution of their country?

that is part of the problem right there. cops wave their immunity like I'll just do whatever the hell I feel like cause I'm immune from prosecution.

Slightly unrelated but tied into a bad court process is judges who don't even represent the queen in sitting - effectively making courts of first instance unconstitutional kangaroo courts. then this stuff is used for presendce.

Edited July 24, 2010 by William Ashley

[dre]

An excellent ruling.

If the taxpayers are going to elect governments that violate charter rights, they should get hit where it counts and hurts: in their wallets.

Canadians barely batted an eye when hundreds of peoples rights were violated. Many of them actually defended the violation of those peoples rights, and many more just simply looked at it as someone elses problem.

Thats because Canadians dont care about whats right anymore. Over the last few decades Canadians have become less philosophical, and more utiliarian and pragmatic. We tolerate or even ignore these kind of abuses unless they directly effect us.

[msdogfood]

An excellent ruling.

If the taxpayers are going to elect governments that violate charter rights, they should get hit where it counts and hurts: in their wallets.

Canadians barely batted an eye when hundreds of peoples rights were violated. Many of them actually defended the violation of those peoples rights, and many more just simply looked at it as someone elses problem.

Thats because Canadians dont care about whats right anymore. Over the last few decades Canadians have become less philosophical, and more utiliarian and pragmatic. We tolerate or even ignore these kind of abuses unless they directly effect us.

I So LOVE this!!.

[Handsome Rob]

An excellent ruling.

If the taxpayers are going to elect governments that violate charter rights, they should get hit where it counts and hurts: in their wallets.

Canadians barely batted an eye when hundreds of peoples rights were violated. Many of them actually defended the violation of those peoples rights, and many more just simply looked at it as someone elses problem.

Thats because Canadians dont care about whats right anymore. Over the last few decades Canadians have become less philosophical, and more utiliarian and pragmatic. We tolerate or even ignore these kind of abuses unless they directly effect us.

Canadians don't care because the only thing they see are the BB douche's on TV. No sympathy from me either, I've been on the receiving end of having my rights violated too, I deserved and am better off.

Have we no empathy for the position of the cops? Field 10,000 officers and it's unacceptable for a few dozen officers to lose it. But of course the equivalent in the crowd is not only perfectly acceptable, but expected? Cops are robots now?

They're put out there to try and secure this thing, and by default are either to harsh or not doing enough....never the correct way. Talk about a thankless job, wasn't too pleased with the whole prisoner thing, but compared to some of the summits down south with the barrage of tear gas, rubber bullets & sound cannons, over all I'd say they did a pretty good job.

Probably a few hundred people got what they didn't deserve and hopefully they'll be compensated, but I don't really know what else we can expect? Perhaps next time appeal to the media not to showcase the BB like they so obviously crave, marginalise them and show the real protesters, and real rights violations rather than saving it for after the show.

[msdogfood]

Canadians don't care because the only thing they see are the BB douche's on TV. No sympathy from me either, I've been on the receiving end of having my rights violated too, I deserved and am better off.

Have we no empathy for the position of the cops? Field 10,000 officers and it's unacceptable for a few dozen officers to lose it. But of course the equivalent in the crowd is not only perfectly acceptable, but expected? Cops are robots now?

They're put out there to try and secure this thing, and by default are either to harsh or not doing enough....never the correct way. Talk about a thankless job, wasn't too pleased with the whole prisoner thing, but compared to some of the summits down south with the barrage of tear gas, rubber bullets & sound cannons, over all I'd say they did a pretty good job.

Probably a few hundred people got what they didn't deserve and hopefully they'll be compensated, but I don't really know what else we can expect? Perhaps next time appeal to the media not to showcase the BB like they so obviously crave, marginalise them and show the real protesters, and real rights violations rather than saving it for after the show.

I would have more compassion for cops if they did not keep screwing up all the time!!!!!.