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Courts show growing willingness to award damages when Charter rights are violated

Tuesday, September 05, 2017 @ 11:48 AM | By Frances Shapiro Munn

The Supreme Court of Canada opened the door in 2010 for plaintiffs to seek damages from the government when their rights under the Canadian Charter of Rights and Freedoms are breached. In Vancouver (City) v. Ward 2010 SCC 27, the plaintiff was detained and strip searched without cause. He pursued Charter damages against the City of Vancouver.

The Supreme Court explained that Charter damages are a “unique” remedy under the ambit of s. 24(1). An award of Charter damages must serve one or more of the following objectives:...