SCC Rules in Landmark Case that Monetary Compensation Is Appropriate in Cases of Charter Violations

On July 23, 2010, the Supreme Court of Canada ruled in City of Vancouver and the Province of British Columbia v. Ward, that monetary compensation is appropriate when an individual’s rights have been violated under the Canadian Charter of Rights and Freedoms.

It is the first time in history that Canada’s highest court has said that damages are an appropriate remedy in cases where an individual’s charter rights have been violated.

Ward involved a situation in which Ward was wrongfully arrested by Vancouver Police Department members who were acting on a tip that an unknown person had planned to throw a pie at then Prime Minister Jean Chretien at a public event in Vancouver. The VPD arrested Mr. Ward and strip searched him once he was in a prison cell. He was released several hours later when the police realized that they had caught the wrong person.

The Supreme Court of Canada, led by Chief Justice Beverly McLachlin ruled that Mr. Ward’s section 7, 8, and 9 rights under the Charter had been violated by the police. The fundamental question in this case was whether monetary damages for compensation should be awarded in cases of abusive and tortuous conduct by the police. Canada’s highest court ruled that damages can be an appropriate remedy for a violation of Charter Rights under s. 24 (1) of the Canadian Charter of Rights and Freedoms. Although Mr. Ward was only awarded a small amount of money, the principle that his case set was huge.

The Supreme Court of Canada is sending a clear message to authorities. The police must not abuse their powers and they must act in good faith when investigating crimes and seeking out possible suspects. They must remember that the Canadian Charter of Rights and Freedoms is absolute; it does not disappear or not apply to people in Canada when the police are investigating a crime. The Charter applies at all times, whether the police are investigating a murder or a mischief call.

The Court has sent a clear message to Canadians, stating that your rights mean something in this country. Your rights are not arbitrary; they are not contingent on circumstances or situations but they are absolute. Authorities across the nation will have to realize that the Charter stands for the rights of citizens and if they fail to respect those rights, they will be issuing a lot more than apologies.