In a recent decision of the Ontario Court of Appeal, one of the
issues was the quantum of damages available to a plaintiff when
there is a breach of the Canadian Charter of Rights and
Freedoms. The decision shows that damages are usually
minimal.
Background
In Stewart v. Toronto (Police Services Board),
2020 ONCA 255, the plaintiff attended a peaceful protest at a
public park in Toronto that was held during the G20 summit in
2010.
As a condition of entering the park, police officers searched
people's bags. The plaintiff objected to his backpack being
searched.
The plaintiff forced his way by the police officers. The police
officers stopped him and removed the backpack and inspected it.
This lasted less than three minutes. During this time, the
plaintiff was momentarily restrained. The police officers seized
swimming goggles from the plaintiff's backpack.
