Civil Damages Flowing from Charter Violations: Difference between revisions

From Riverview Legal Group
Jump to navigation Jump to search
Access restrictions were established for this page. If you see this message, you have no access to this page.
mNo edit summary
Line 8: Line 8:
==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].
72. No authority was presented which helpfully addresses this issue, and I am aware of none.  What I have is <i>Ward, supra</i><ref name="Ward"/>, 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].




Line 14: Line 14:


<ref name="Lamka">Lamka v Waterloo Regional Police Services Board, 2012 CanLII 98291 (ON SCSM), <https://canlii.ca/t/g0lh7>, retrieved on 2021-11-15</ref>
<ref name="Lamka">Lamka v Waterloo Regional Police Services Board, 2012 CanLII 98291 (ON SCSM), <https://canlii.ca/t/g0lh7>, retrieved on 2021-11-15</ref>
<ref name="Ward">Vancouver (City) v. Ward, 2010 SCC 27 (CanLII), [2010] 2 SCR 28, <https://canlii.ca/t/2bq8r>, retrieved on 2021-11-15</ref>


==References==
==References==

Revision as of 17:04, 15 November 2021


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-11-23
CLNP Page ID: 1808
Page Categories: [Constitutional Law]
Citation: Civil Damages Flowing from Charter Violations, CLNP 1808, <4k>, retrieved on 2024-11-23
Editor: Sharvey
Last Updated: 2021/11/15

Need Legal Help?
Call (888) 655-1076

Join our ranks and become a Ninja Initiate today


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[2], 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] [2]

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
  2. 2.0 2.1 Vancouver (City) v. Ward, 2010 SCC 27 (CanLII), [2010] 2 SCR 28, <https://canlii.ca/t/2bq8r>, retrieved on 2021-11-15