Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33089
City of Vancouver, et al. v. Alan Cameron Ward, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-08-10 | Appeal closed | |
| 2010-07-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-07-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-07-23 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA034785 and CA034766, 2009 BCCA 23, dated January 27, 2009, heard on January 18, 2010, is allowed in part without costs. The award against the City in the amount of $100 is set aside, substituted by a declaration under s. 24(1) of the Canadian Charter of Rights and Freedoms that the vehicle seizure violated Mr. Ward’s right to be free from unreasonable search and seizure under s. 8 of the Charter. The award of damages against the Province in the sum of $5,000 for breach of Mr. Ward’s s. 8 Charter rights is confirmed. Allowed, without costs |
|
| 2010-02-08 | Transcript received, (109 pages) | |
| 2010-01-18 | Judgment reserved OR rendered with reasons to follow | |
| 2010-01-18 | Intervener's condensed book, Submitted in Court (14 copies) | Aboriginal Legal Service of Toronto Inc. |
| 2010-01-18 | Intervener's condensed book, Submitted in Court (14 copies) | British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights |
| 2010-01-18 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of Quebec |
| 2010-01-18 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2010-01-18 | Respondent's condensed book, Submitted in Court (14 copies) | Alan Cameron Ward |
| 2010-01-18 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2010-01-18 | Appellant's condensed book, Submitted in Court (14 copies) | City of Vancouver |
| 2010-01-18 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-01-18 |
Hearing of the appeal, 2010-01-18, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-01-15 | Correspondence received from, L. Sokolov by e-mail, re.: request for 1 reserve seat at the hearing | Association in Defence of the Wrongly Convicted |
| 2010-01-14 | Correspondence received from, Karine LeBlanc re: in the event that Vincent Westwick is unable to appear, Karine LeBlanc will be appearing in his behalf. | Canadian Association of Chiefs of Police |
| 2010-01-13 | Supplemental document, Supplementary book of authorities, Completed on: 2010-01-13 | Alan Cameron Ward |
| 2010-01-13 | Correspondence received from, Burke-Robertson by e-mail, re.: request of 6 reserved seats at the hearing | Alan Cameron Ward |
| 2010-01-12 | Notice of appearance, Stuart Svonkin will making oral presentation | Canadian Civil Liberties Association |
| 2010-01-11 |
Order by, LeB, FURTHER TO THE ORDER dated December 9, 2009, granting leave to intervene to the Aboriginal Legal Service of Toronto Inc., the Association in Defence of the Wrongly Convicted, the Canadian Civil Liberties Association, the Canadian Association of Chiefs of Police, the Criminal Lawyers Association (Ontario) and the British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2010-01-06 | Supplemental document, Supplementary book of authorities, Completed on: 2010-01-06 | Aboriginal Legal Service of Toronto Inc. |
| 2010-01-06 | Notice of appearance, Stuart Svonkin and Jana Stettner will be present at the hearing. | Canadian Civil Liberties Association |
| 2010-01-05 | Intervener's book of authorities, Completed on: 2010-01-05 | Association in Defence of the Wrongly Convicted |
| 2010-01-05 | Notice of appearance, Kent Roach and Grace Pastine will be appearing | British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights |
| 2010-01-04 | Intervener's book of authorities, Completed on: 2010-01-04 | Aboriginal Legal Service of Toronto Inc. |
| 2010-01-04 | Intervener's factum, Completed on: 2010-01-04 | Aboriginal Legal Service of Toronto Inc. |
| 2010-01-04 | Intervener's book of authorities, Completed on: 2010-01-04 | Criminal Lawyers Association (Ontario) |
| 2010-01-04 | Intervener's factum, Completed on: 2010-01-04 | Criminal Lawyers Association (Ontario) |
| 2010-01-04 | Intervener's factum, Completed on: 2010-01-04 | Association in Defence of the Wrongly Convicted |
| 2010-01-04 | Intervener's book of authorities, Completed on: 2010-01-04 | British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights |
| 2010-01-04 | Intervener's factum, Completed on: 2010-01-04 | British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights |
| 2010-01-04 | Intervener's book of authorities, Completed on: 2010-01-04 | Canadian Civil Liberties Association |
| 2010-01-04 | Intervener's factum, Completed on: 2010-01-04 | Canadian Civil Liberties Association |
| 2010-01-04 | Intervener's book of authorities, Completed on: 2010-01-04 | Canadian Association of Chiefs of Police |
| 2010-01-04 | Intervener's factum, Completed on: 2010-01-04 | Canadian Association of Chiefs of Police |
| 2010-01-04 | Notice of appearance, Kimberly Murray and Julian Falconer will be present at the hearing. | Aboriginal Legal Service of Toronto Inc. |
| 2009-12-31 | Intervener's book of authorities, Page numbering done on Jan. 5, 2010, Completed on: 2009-12-31 | Attorney General of Ontario |
| 2009-12-31 | Intervener's factum - AG on constitutional question, Page numbering done on Jan. 5, 2010, Completed on: 2009-12-31 | Attorney General of Ontario |
| 2009-12-30 | Notice of change of counsel, Has appointed Falconer Charney LLP as co-counsel and replace agent Chantal Tie of Ottawa Community Legal Services to Henry Brown of Gowlings | Aboriginal Legal Service of Toronto Inc. |
| 2009-12-29 | Notice of appearance, Louis Sokolov and Heidi Rubin will be present at the hearing. | Association in Defence of the Wrongly Convicted |
| 2009-12-29 | Notice of appearance, Sean Dewart and Tim Gleason will be present at the hearing. | Criminal Lawyers Association (Ontario) |
| 2009-12-23 | Intervener's book of authorities, CD rec'd on Jan. 4, 2010, Completed on: 2009-12-23 | Attorney General of Canada |
| 2009-12-23 | Intervener's factum - AG on constitutional question, CD rec'd on Jan. 4, 2010, Completed on: 2009-12-23 | Attorney General of Canada |
| 2009-12-23 | Intervener's book of authorities, Completed on: 2009-12-23 | Attorney General of Quebec |
| 2009-12-23 | Intervener's factum - AG on constitutional question, Completed on: 2009-12-23 | Attorney General of Quebec |
| 2009-12-21 | Notice of appearance, Brian Samuels, Kieran Bridge and Jennifer Chan will be present at the hearing. | Alan Cameron Ward |
| 2009-12-21 | Notice of appearance, Vincent Westwick and Karine LeBlanc will be present at the hearing. | Canadian Association of Chiefs of Police |
| 2009-12-21 | Notice of appearance, Mark Kindrachuk and Jeffrey Johnston will be present at the hearing. | Attorney General of Canada |
| 2009-12-18 | Notice of appearance, Isabelle Harnois and Gilles Laporte will be appearing and Ms Harnois will make the oral representation. | Attorney General of Quebec |
| 2009-12-15 | Appeal perfected for hearing | |
| 2009-12-14 | Respondent's book of authorities, Completed on: 2009-12-14 | Alan Cameron Ward |
| 2009-12-14 | Respondent's factum, Completed on: 2009-12-14 | Alan Cameron Ward |
| 2009-12-09 | Order on motion for leave to intervene, (BY LEBEL, J.) | |
| 2009-12-09 |
Decision on the motion for leave to intervene, LeB, The motions for leave to intervene by the Aboriginal Legal Service of Toronto Inc., the Association in Defence of the Wrongly Convicted, the Canadian Civil Liberties Association, the Canadian Association of Chiefs of Police, the Criminal Lawyers Association (Ontario) and the British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights are granted and the said six groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before January 4, 2010. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2009-12-09 | Submission of motion for leave to intervene, LeB | |
| 2009-12-02 | Notice of appearance, Tomasz Zworski will be present at the hearing. | City of Vancouver |
| 2009-12-02 | Notice of appearance, Bryant Mackey and Barbara Carmichael will be appearing | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-11-25 | Response to the motion for leave to intervene, from Henry S. Brown, Q.C. dated Nov. 25/09 (by CLA and BCCLA), Completed on: 2009-11-25 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-11-25 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Nov. 24/09 (by CLA and BCCLA), Completed on: 2009-11-25 | City of Vancouver |
| 2009-11-25 | Notice of hearing sent to parties | |
| 2009-11-24 |
Appeal hearing scheduled, 2010-01-18, (starting time 9:30 am) Judgment reserved |
|
| 2009-11-16 | Motion for leave to intervene, (bookform), Completed on: 2009-11-16 | British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights |
| 2009-11-16 | Motion for leave to intervene, (bookform), Completed on: 2009-11-16 | Criminal Lawyers Association (Ontario) |
| 2009-11-16 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Nov. 13/09 (by CACP), Completed on: 2009-11-16 | City of Vancouver |
| 2009-11-13 | Motion for leave to intervene, (bookform), Completed on: 2009-11-13 | Canadian Association of Chiefs of Police |
| 2009-11-13 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Nov. 12/09 (by CCLA), Completed on: 2009-11-13 | City of Vancouver |
| 2009-11-12 | Response to the motion for leave to intervene, email from Burke-Robertson dated Nov. 11/09 (by CCLA), Completed on: 2009-11-12 | Alan Cameron Ward |
| 2009-11-09 | Motion for leave to intervene, (bookform), Completed on: 2009-11-09 | Canadian Civil Liberties Association |
| 2009-11-04 | Order on motion to extend time | |
| 2009-11-04 |
Decision on motion to extend time, Reg, to serve and file the Joint Appellants' Record and Her Majesty the Queen's Book of Authorities to Oct. 21/09 Granted |
|
| 2009-11-04 | Submission of motion to extend time, Reg | |
| 2009-10-29 | Response to motion to extend time, Completed on: 2009-10-29 | Alan Cameron Ward |
| 2009-10-28 | Motion to extend time, to serve and file the Joint Appellants' Record and Her Majesty the Queen's Book of Authorities to Oct. 21/09, Completed on: 2009-10-28 | City of Vancouver |
| 2009-10-23 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Oct. 23/09 (by AIDWC), Completed on: 2009-10-23 | City of Vancouver |
| 2009-10-21 | Appellant's record, Joint (5 volumes), Completed on: 2009-10-21 | City of Vancouver |
| 2009-10-19 | Appellant's book of authorities, Completed on: 2009-10-19 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-10-19 | Appellant's factum, Completed on: 2009-10-19 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-10-19 | Appellant's book of authorities, Completed on: 2009-10-19 | City of Vancouver |
| 2009-10-19 | Appellant's factum, Completed on: 2009-10-19 | City of Vancouver |
| 2009-10-19 | Motion for leave to intervene, (bookform), Completed on: 2009-10-19 | Association in Defence of the Wrongly Convicted |
| 2009-10-02 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2009-10-02 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2009-10-02 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2009-09-08 | Notice of constitutional question(s), Served on all AG's on September 4, 2009 | City of Vancouver |
| 2009-09-04 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2009-09-04 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATIONS by the appellants for an order stating a constitutional question in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS FOLLOWS: 1. Does section 24(1) of the Canadian Charter of Rights and Freedoms authorize a court of competent jurisdiction to award damages for an infringement of a right or freedom guaranteed by the Charter in the absence of bad faith, an abuse of power or tortious conduct committed by the infringer? IT IS FURTHER ORDERED THAT: Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before January 4, 2010. Granted |
|
| 2009-09-04 | Submission of motion to state a constitutional question, CJ | |
| 2009-08-28 | Motion for leave to intervene, (bookform) ($75 fee rec'd Sept. 18/09), Completed on: 2009-09-18 | Aboriginal Legal Service of Toronto Inc. |
| 2009-08-24 | Correspondence received from, Burke-Robertson dated August 21, 2009. Re: Changing agent from Lang Michener to Burke-Robertson | Alan Cameron Ward |
| 2009-07-10 | Motion to state a constitutional question, Completed on: 2009-07-10 | City of Vancouver |
| 2009-07-10 | Motion to state a constitutional question, Completed on: 2009-07-10 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-07-10 | Notice of appeal, (joint with a certificate 25B), Completed on: 2009-07-13 | City of Vancouver |
| 2009-07-10 | Notice of appeal, (joint with a certificate 25B), Completed on: 2009-07-13 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-07-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-06-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-06-19 | Judgment on leave sent to the parties | |
| 2009-06-18 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034785, 2009 BCCA 23, dated January 27, 2009, are granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2009-05-19 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-04-23 | Respondent's response on the application for leave to appeal, (Letter Form), Jeffrey Beedell dated April 23, 2009. Re: Will not be filing a response, Completed on: 2009-04-23 | Alan Cameron Ward |
| 2009-04-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2009-04-02 | Correspondence received from, Henry S. Brown, dated April 1, 2009 Re: draft CA Order | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-03-30 | Application for leave to appeal, (SECOND APPLICATION) Final CA Order missing (rec'd May 4-09), Completed on: 2009-05-04 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2009-03-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2009-03-24 | Book of authorities | City of Vancouver |
| 2009-03-24 | Application for leave to appeal, (FIRST APPLICATION) Final CA Order missing (rec'd May 4-09), Completed on: 2009-05-04 | City of Vancouver |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| City of Vancouver | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ward, Alan Cameron | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ward, Alan Cameron | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Aboriginal Legal Service of Toronto Inc. | Intervener | Active |
| Association in Defence of the Wrongly Convicted | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Association of Chiefs of Police | Intervener | Active |
| Criminal Lawyers Association (Ontario) | Intervener | Active |
| British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights | Intervener | Active |
Counsel
Party: City of Vancouver
Counsel
Tomasz M. Zworski
City of Vancouver
453 West 12th Avenue
Vancouver, British Columbia
V5Y 1V4
Telephone: (604) 873-7512
FAX: (604) 873-7445
Email: tom.zworski@vancouver.ca
453 West 12th Avenue
Vancouver, British Columbia
V5Y 1V4
Telephone: (604) 873-7512
FAX: (604) 873-7445
Email: tom.zworski@vancouver.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Her Majesty the Queen in Right of the Province of British Columbia
Counsel
Bryant Alexander Mackey
Karen Horsman
Barbara Carmichael
Karen Horsman
Barbara Carmichael
Attorney General of British Columbia
1001 Douglas Street, 6th Floor
P.O. Box 9280, Station Provincial Government
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-6712
FAX: (250) 356-5707
Email: bryant.mackey@gov.bc.ca
1001 Douglas Street, 6th Floor
P.O. Box 9280, Station Provincial Government
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-6712
FAX: (250) 356-5707
Email: bryant.mackey@gov.bc.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Ward, Alan Cameron
Counsel
Brian M. Samuels
Kieran Bridge
Jennifer W. Chan
Kieran Bridge
Jennifer W. Chan
Samuels & Company
1400 - 1125 Howe Street
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 602-9979
FAX: (604) 602-9978
Email: brian@samuelslawcorp.com
1400 - 1125 Howe Street
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 602-9979
FAX: (604) 602-9978
Email: brian@samuelslawcorp.com
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Aboriginal Legal Service of Toronto Inc.
Counsel
Kimberly R. Murray
Julian N. Falconer (Falconer Charney LLP)
Julian N. Falconer (Falconer Charney LLP)
Aboriginal Legal Services of Toronto Inc.
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041 Ext: 225
FAX: (416) 408-4268
Email: murrayk@lao.on.ca
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041 Ext: 225
FAX: (416) 408-4268
Email: murrayk@lao.on.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Ontario
Counsel
Robert Earl Charney
Josh Hunter
Josh Hunter
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Quebec
Counsel
Isabelle Harnois
Gilles Laporte
Gilles Laporte
Procureur général du Québec
1200, Route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
1200, Route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Canada
Counsel
Mark R. Kindrachuk, Q.C.
Jeffrey G. Johnston
Jeffrey G. Johnston
Attorney General of Canada
123 - 2nd Ave. S.
10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-4765
FAX: (306) 975-6240
Email: mark.kindrachuk@justice.gc.ca
123 - 2nd Ave. S.
10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-4765
FAX: (306) 975-6240
Email: mark.kindrachuk@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Association in Defence of the Wrongly Convicted
Counsel
Louis Sokolov
Heidi Rubin
Heidi Rubin
Sack Goldblatt Mitchell LLP
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6439
FAX: (416) 591-7333
Email: louissokolov@sgmlaw.com
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6439
FAX: (416) 591-7333
Email: louissokolov@sgmlaw.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Canadian Civil Liberties Association
Counsel
Stuart Svonkin
Jana Stettner
Jana Stettner
Torys LLP
79 Wellington Street West
Suite 3000, Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8139
FAX: (416) 865-7380
Email: ssvonkin@torys.com
79 Wellington Street West
Suite 3000, Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8139
FAX: (416) 865-7380
Email: ssvonkin@torys.com
Agent
Stephen J. Grace
Maclaren Corlett
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Canadian Association of Chiefs of Police
Counsel
Vincent Westwick
Karine LeBlanc
Karine LeBlanc
Ottawa Police Service
Legal Services
474 Elgin Street
Ottawa, Ontario
K1G 6H5
Telephone: (613) 236-1222
FAX: (613) 760-8127
Email: westwickv@ottawapolice.ca
Legal Services
474 Elgin Street
Ottawa, Ontario
K1G 6H5
Telephone: (613) 236-1222
FAX: (613) 760-8127
Email: westwickv@ottawapolice.ca
Party: Criminal Lawyers Association (Ontario)
Counsel
Sean Dewart
Tim Gleason
Tim Gleason
Sack Goldblatt Mitchell LLP
Suite 1100
20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6970
FAX: (416) 591-7333
Email: seandewart@sgmlaw.com
Suite 1100
20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6970
FAX: (416) 591-7333
Email: seandewart@sgmlaw.com
Agent
Kelly Doctor
Sack Goldblatt Mitchell LLP
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com
Party: British Columbia Civil Liberties Association and David Asper Centre for Constitutional Rights
Counsel
Kent Roach
Grace Pastine (Vancouver)
Cheryl Milne
Grace Pastine (Vancouver)
Cheryl Milne
University of Toronto
84 Queen's Park
Toronto, Ontario
M5S 2C5
Telephone: (416) 946-5646
FAX: (416) 978-8894
Email: kent.roach@utoronto.ca
84 Queen's Park
Toronto, Ontario
M5S 2C5
Telephone: (416) 946-5646
FAX: (416) 978-8894
Email: kent.roach@utoronto.ca
Agent
Kelly Doctor
Sack Goldblatt Mitchell LLP
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website 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.
Lower court rulings
January 2, 2007
Supreme Court of British Columbia
S030038, 2007 BCSC 3
Supreme Court of British Columbia
S030038, 2007 BCSC 3
Declaration that Respondent’s rights under ss. 7, 8 and 9 of the Charter were infringed; Applicants ordered to pay damages
February 8, 2007
Supreme Court of British Columbia
S030037, 2007 BCSC 189
Supreme Court of British Columbia
S030037, 2007 BCSC 189
Supplementary reasons for judgement of Jan.2/07
January 27, 2009
Court of Appeal for British Columbia (Vancouver)
CA034785, 2009 BCCA 23
Court of Appeal for British Columbia (Vancouver)
CA034785, 2009 BCCA 23
Appeal dismissed
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Date modified: 2025-02-27