The respondent was mistakenly identified as a suspect, arrested, strip-searched, and his vehicle was seized.
The trial judge found breaches of his s. 8 Charter rights and awarded damages under s. 24(1).
The Supreme Court of Canada established a four-step framework for awarding Charter damages: (1) proof of breach, (2) functional justification (compensation, vindication, deterrence), (3) absence of countervailing factors, and (4) quantum assessment.
The Court upheld the $5,000 damage award for the strip search but set aside the $100 award for the vehicle seizure, finding a declaration sufficient for the latter.
