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Tag: Civil Damages for Breach of Charter Rights

My Interview With The Rutherford Show: Damages For Charter Breaches

Earlier this week I was asked to participate in a radio interview with Dave Rutherford where we discussed the recent Supreme Court of Canada Decision Vancouver v. Ward.
You can click here for some background information.  In short the Supreme Court of Canada has acknowledged that Canadian Judges can award financial damages if the Government violates an individuals rights under the Canadian Charter of Rights and Freedoms.  This decision will undoubtedly have a significant effect on the Canadian Legal landscape and I was pleased to have an opportunity to discuss this with Dave and his listeners in Alberta.
A quick correction is warranted as well.  Early in the interview I speculate that criminal lawyers could potentially ask for the remedy of damage awards in the course of a criminal trial but later in the interview I point out that this is in fact not a possibility.  The Supreme Court of Canada specifically notes that “Provincial criminal courts are not so empowered and thus do not have the power to award damages under s. 24(1).”  For individuals to seek damages for breach of Charter rights the appropriate way to put the matter before the Courts is through a conventional lawsuit.
You can click on the following link to listen to the interview in full:
As always, any feedback is welcome!