In 2002, Vancouver lawyer Alan Cameron Ward was arrested and strip-searched after police mistakenly believed he intended to throw a pie at then-Prime Minister Jean Chretien. Ward sued the city and provincial governments. The trial judge ruled that the city and province violated Ward's charter right to be free from unreasonable search and seizure. After a lengthy appeals process by the governments, the case went to the Supreme Court of Canada. On July 23, 2010 -- about eight years after the initial incident occurred -- the Supreme Court ruled that Canadians can receive monetary damages when their Charter Rights are violated, even if there has been no misconduct by authorities. Victoria-based personal injury lawyer Erik Magraken is a partner at The MacIsaac Group. He explains how Ward v. British Columbia will affect the public. Erik Magraken: What the Ward case does is it creates a new type of lawsuit: it permits people to sue the government and be awarded financial damages for constitutional wrongs. That's something that's unique. There's nothing new about being able to sue the government, but being awarded money simply for having your Charter rights violated is what's new. What it means is that there's a new avenue for people who've had their Charter rights breeched; there's a new recovery for them. It also means that the government has more incentive to take peoples' Charter rights seriously because it could hit them in the pocketbook. In the ruling, Chief Justice ...
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