The appellants appealed a trial decision awarding the respondent $15,270 in Charter damages for breaches of his s. 10(b) rights during a police detention.
The respondent had previously been granted a stay of criminal proceedings for the same breaches.
The Divisional Court allowed the appeal, finding the trial judge failed to properly apply the Ward test for Charter damages.
The Court held that the stay of proceedings adequately served the functions of vindication and deterrence, and that an award of damages was not an appropriate and just remedy in the circumstances.
