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ARTICLE · 30 JULY 2010

Ward v. Vancouver: Putting a Price on Charter Breaches

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On July 23, 2010, the Supreme Court of Canada released its long-anticipated decision in Vancouver (City) v. Ward, 2010 SCC 27. In a unanimous decision, the Supreme Court confirmed that damages may be available to claimants who have suffered violations of their Charter rights.

CanadaGovernment, Public Sector
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Article by Ranjan K. Agarwal and Carlo Di Carlo

On July 23, 2010, the Supreme Court of Canada released its long-anticipated decision in Vancouver (City) v. Ward, 2010 SCC 27. In a unanimous decision, the Supreme Court confirmed that damages may be available to claimants who have suffered violations of their Charter rights. Recognizing that the authority on this issue is sparse, the Court comprehensively analyzed section 24(1) of the Charter and concluded that it allows for damages to be awarded for a Charter breach where it is appropriate and just to do so.

Background

Alan Cameron Ward, a Vancouver lawyer, attended a ceremony in Vancouver on August 1, 2002, where Prime Minister Chrétien was present. The Vancouver Police Department, acting on information that someone intended to throw a pie at the Prime Minister, mistakenly identified Mr. Ward as the would-be pie thrower and detained him. Mr. Ward loudly protested this detention and was arrested for breach of

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