Ottawa – On Friday, July 22, 2010, the Supreme Court of Canada will release its decision in Ward v. Province of British Columbia and Ward v. City of Vancouver. The Court will decide whether cash damages are available to Canadians whose Charter rights have been violated if the government did not intentionally or wilfully violate the person’s rights.

The BC Civil Liberties Association (BCCLA) and the David Asper Centre for Constitutional Rights (the Asper Centre) were interveners in the case. They argued that when the government violates a person’s Charter rights, those victims deserve more than just a declaration from a Court that their rights were violated. Victims should be able to receive cash damages without having to prove fault in addition to the violation of the Charter.

The appeals stem from a case brought by a Vancouver lawyer, Cameron Ward. Mr. Ward was stopped by police investigating a tip that someone was planning to throw a pie at former Prime Minister Jean Chretien. He was wrongly jailed, strip-searched, and had his car illegally seized by the Vancouver Police Department.

Kent Roach, University of Toronto Faculty of Law, Cheryl Milne, Executive Director of the Asper Centre, and Grace Pastine, BCCLA Litigation Director represented the Asper Centre and the BCCLA.The argument they filed in the case is available here.

What: BCCLA comment on Supreme Court of Canada decision on Charter damages

When: Decision released Friday, July 23, 2010 at 9:45 (EST). Comment available before and after decision is released.

Where: The decision will be made available on the Supreme Court of Canada’s website after 9:45 a.m.(EST): http://www.scc-csc.gc.ca/

Who: Counsel for the interveners, Kent Roach, Cheryl Milne, and Grace Pastine will be available at the numbers listed below.

MEDIA CONTACTS
Grace Pastine, (Counsel) BCCLA Litigation Director: [email protected] or 604-630-9751

Cheryl Milne, (Counsel) Executive Director, Asper Centre: [email protected] or 416-978-0092 Kent Roach, (Counsel)