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companies, that is big enough, follow the lead [of the ICBC and London Drugs]." London Drugs, which suffered $900,000 in riot damages to its downtown store, has filed civil suits against individuals for the damage done. The actions, he says, may be more about modifying public behaviour and "sending a message" of public deterrence. "My hat goes off," he says, to companies such as London Drugs and ICBC that are willing to undertake the legal process of suing for compensation. "I think such action is appropriate. Criminal action does also cause private harm." However, even if companies and insurers get civil judgments, it doesn't mean they will see their money. Bankruptcy lawyer Geoffrey Dabbs says individuals could declare bankruptcy if the damages are large and related to property damage. The federal Bankruptcy and Insolvency Act maintains some debts and liabilities cannot be discharged (s. 178 (1)) such as court fines, court orders for restitution in criminal matters, and liabilities related to fraud and harm to an individual (including sexual assault). The downside to declaring bankruptcy though, he says, is a poor credit rating for six to 10 years afterwards. Any civil damage awards stemming from assault or swarming incidents, as seen in the Vancouver riot, could not be discharged under the BIA anyway. "A person could be paying for the rest of their life," says Rankin, adding with issues such as joint liability for actions the person who is sued may not even be the instigator. Rankin says he is seeing "more and more" civil actions related to crimes but they are also being realized in areas such as immigration and newer legislation such as forfeiture. "Traditionally, we have seen criminal law punish the criminals but not take assets. Criminal and civil is now being blurred," largely due to public sentiment wanting to "level the playing field" with more consideration being given to the victims. "It has taken us 700 years to separate civil and criminal actions and we are taking them and putting them back together," he points out. — Jean Sorensen jean_sorensen@telus.net Start here to formulate and aSSeSS conStitutional damageS claimS NeW publiCatioN CoNstitutioNal Damages WorlDWiDe Ken CoopeR-STephenSon, LL.B., LL.M., LL.D. The awarding of damages for the breach of human rights provisions in constitutions is now a worldwide phenomenon. The case law is developing at a rapid pace and courts from many jurisdictions are referencing judicial opinions from other countries, particularly final courts of appeal. In Canada, this technique was used when the Supreme Court handed down its decision in City of Vancouver v. Ward, finally endorsing and structuring the constitutional claim. orDer # 985507-65203 $180 hardcover approx. 420 pages August 2013 978-0-7798-5507-0 Softcover also available orDer # 985506-65203 $110 978-0-7798-5506-3 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. Whether you represent human rights organizations or the government, Constitutional Damages Worldwide will provide you with the necessary perspective and international case law to help you: • Formulate a statement of claim • Research authorities to support the claim • Construct a theory for components of the claim • Write and research a judgment for the court This wide-ranging publication is the most comprehensive book available on the subject. It explores, in detail, the elements and subissues of constitutional human rights claims around the world. It examines the cases and the legal issues that have arisen, and considers the common elements as well as some of the more significant variations in different jurisdictions. AvAilAble Risk-FRee FoR 30 DAys Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 www.CANADIAN L a w ye r m a g . c o m September 2013 15

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