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Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

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Torts - Charter

Charter Damages

Henry v British Columbia (Attorney-General) (SCC, 2015)

In this case the Supreme Court of Canada canvassed the law of Charter damages (lawsuits against government for violating of Charter rights) in the context of a prolonged wrongful incarceration. The plaintiff alleged that the Crown wrongfully withheld evidence from him that might have been applied to exonerate him. The case focussed on whether malice is a necessary element to make out such a case (akin to that requirement in malicious prosecution claims). In holding that malice was not an element in charter damage claims, the court elaborates usefully on the general nature of civil claims for Charter violations.
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