Ottawa, ON / unceded Anishinabe Algonquin Territory – Today, the BC Civil Liberties Association (BCCLA) will present oral arguments as an intervener at the Supreme Court of Canada in Named Persons v. Attorney General of Canada. This case deals with the fallout after the Crown accidentally revealed the identity of confidential informants.   

In a criminal proceeding, while providing disclosure to an accused person, the Crown inadvertently disclosed potentially identifiable information of some confidential informants. This put the safety and lives of the informants at risk. The informants brought a successful action against Canada for monetary damages for both negligence and Charter violations. On appeal, the BC Court of Appeal found that Charter damages should not have been awarded because tort damages (monetary remedies provided by the court) were sufficient to address all of the breaches. The Charter damages award was overturned because it would amount to “double compensation”.  

BCCLA is intervening at the Supreme Court of Canada to argue that Charter damages will result in double compensation only where they truly serve the same purpose as other forms of damages. Charter damages advance societal interests that private damages do not. In addition, the Charter and torts often protect different interests. For instance, negligence addresses only actual harm, while section 7 of the Charter also addresses increased risk of harm. Courts should carefully consider these differences before making a finding of double compensation.  

BCCLA Litigation Director Vibert Jack: 

“In litigation, remedies are often what defines the real-world effectiveness of a given right. As is often said, ‘a right without a remedy is no right at all’. When governments violate our constitutional rights, they should have to pay the price.”