What is the test for damages for Charter breaches?

An appropriate and just remedy for a breach of Charter rights may include damages: Ward v. Vancouver (City), 2010 SCC 27. The court set out a four-part test for determining whether damages are an appropriate and just remedy in a given case: 4 I conclude that damages may be awarded for Charter breach under s. 24(1) where appropriate and just. The first step in the inquiry is to establish that a Charter right has been breached. The second step is to show why damages are a just and appropriate remedy, having regard to whether they would fulfill one or more of the related functions of compensation, vindication of the right, and/or deterrence of future breaches. At the third step, the state has the opportunity to demonstrate, if it can, that countervailing factors defeat the functional considerations that support a damage award and render damages inappropriate or unjust. The final step is to assess the quantum of the damages.