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Lawyer pie-tossing SNAFU served up to the Supreme Court T he Supreme Court of Canada will hear an appeal by British Columbia and the City of Vancouver against Vancouver lawyer Cameron Ward, who successfully sued aſt er being mistaken for a suspect going to 'pie' then-prime minister Jean Chrétien at a Vancouver rally. Ward, who was detained in jail for a day, had his vehicle searched and was strip-searched by Vancouver police, was awarded $10,100 in damages. Th e award was upheld by the B.C. Court of Appeal in January. "I am surprised it has gone this far," Ward tells Canadian Lawyer, adding aſt er the August 2002 incident, he asked for an apology from the Vancouver police and only fi led a grievance when they refused. Ward asked once before he started liti- gation and a second time before going to court. Th e six-day trial, he maintains, had three lawyers from the province present and one from the city. A further appeal to Canada's Supreme Court will expend more tax dollars, says Ward. "A lot of money is going to be spent on this appeal and this issue, and it could all have been avoided if there had been an apology," he says. Th e governments' appeal argument is rooted in the right to gain a fi nancial award from a breach under the Charter of Rights and Freedoms. "Th ey obviously feel there is an important principle here," he says. Th e province was ordered to pay $5,000 for conducting the strip search with no reasonable grounds while the city is appealing the $100 award for ille- gally impounding Ward's car. Th e city is not disputing the $5,000 award for Ward's detainment. At appeal, the province maintained that a government actor (i.e. provincial corrections offi cers), where there is no tort, abuse of power, negligence, or will- ful blindness, should not have to pay compensation. Several past cases have denied awards to individuals. Justice Richard Low, writing the 2-1 appeal decision, stated: "I do not suggest that award of damages is the appropriate remedy in all cases in which a government actor has breached a per- son's Charter rights. Section 24(1) vests the court with a broad judicial discre- tion to grant 'such remedy as the court considers appropriate and just in the circumstances.' Appropriate and just remedies must be determined judicially from case to case. In the present case, I would not interfere with the trial judge's exercise of discretion to award damages for the unreasonable search." — JS British Columbia Annual Practice 2010 Edition The Honourable John C. Bouck, The Honourable Madam Justice Janice R. Dillon and Gordon Turriff, Q.C. Bar none the most comprehensive guide to civil procedure in B.C. British Columbia Annual Practice, 2010 Edition draws on over 100 years' combined experience in civil litigation. Searching for a better way to attract candidates? This edition includes: up-to-date rules and legislation; e-notes and paper supplements (available to standing order customers); CD-ROM which includes the full text as well as Microsoft Word™ 'fillable' forms. Standing order customers will also be provided with a complimentary supplement of the major amendments to the Rules of Court which come into force on July 1, 2010. Order your copy today! Hardbound & CD-ROM • 1,744 pp. • Published August each year Standing order $83 • P/C 0169140999 Current edition only $88 • P/C 0169010999 • ISSN 0836-0391 Multiple copy discounts available canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. CL0909 www. C ANADIAN Law ye rmag.com SEPTEMBER 2009 13 BC Annual Practice 2010 (Cl 1-3sq).indd 1 7/29/09 9:34:45 AM