Civil Damages Flowing from Charter Violations: Difference between revisions

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(Created page with "Category:Constitutional Law ==Lamka v Waterloo Regional Police Services Board, 2012 CanLII 98291 (ON SCSM)<ref name="Lamka"/>== <ref name="Lamka">Lamka v Waterloo R...")
 
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==Lamka v Waterloo Regional Police Services Board, 2012 CanLII 98291 (ON SCSM)<ref name="Lamka"/>==
==Lamka v Waterloo Regional Police Services Board, 2012 CanLII 98291 (ON SCSM)<ref name="Lamka"/>==


 
72. No authority was presented which helpfully addresses this issue, and I am aware of none.  What I have is Ward, supra, dealing with the general analysis applicable to claims for civil damages flowing from alleged Charter violations.  And in that case the court states at para. 64 that “Strip searches are inherently humiliating and degrading regardless of the manner in which they are carried out and thus constitute significant injury to an individuals’s intangible interests” [citation omitted].





Revision as of 17:02, 15 November 2021


Lamka v Waterloo Regional Police Services Board, 2012 CanLII 98291 (ON SCSM)[1]

72. No authority was presented which helpfully addresses this issue, and I am aware of none. What I have is Ward, supra, dealing with the general analysis applicable to claims for civil damages flowing from alleged Charter violations. And in that case the court states at para. 64 that “Strip searches are inherently humiliating and degrading regardless of the manner in which they are carried out and thus constitute significant injury to an individuals’s intangible interests” [citation omitted].



[1]

References

  1. 1.0 1.1 Lamka v Waterloo Regional Police Services Board, 2012 CanLII 98291 (ON SCSM), <https://canlii.ca/t/g0lh7>, retrieved on 2021-11-15