What is the test for damages under s. 24(1) of the Charter?
Ontario, Canada
The following excerpt is from Lahaie v. Canada (Attorney General), 2008 CanLII 68124 (ON SC):
See also the decision of Gates J. in Tucker v. Canada (Attorney General) [2006] O.J. No. 3756 where, at para. 75, Gates J. said: However a Charter breach does not per se give rise to damages under s. 24(1). Rather, the Plaintiffs’ must establish that there was malice or ill will. The April 6, 2006 Interlocutory Decision of Hackland J.
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