Case information

Charter of rights — Constitutional law — Right to life, liberty and security of person — Principles of fundamental justice — Remedy — Damages — Open court principle — Whether this case raises an issue of national or public importance such that leave to appeal should be granted — Whether the assiduous protection of informer privilege is a principle of fundamental justice within the meaning of s. 7 — What is the appropriate threshold for an award of Charter damages? — Whether the open court principle requires publication of portions of the trial judge’s reasons.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)

The applicants were awarded damages in negligence and under s. 24(1) of the Canadian Charter of Rights and Freedoms to remedy a breach of their s. 7 Charter rights. The applicants appealed the damages award. The respondent cross-appealed arguing that the trial judge erred in finding a breach of s. 7 and awarding Charter damages. The respondent also challenged the intended publication of the reasons for judgment and dismissal of its objection to publication. The Court of Appeal unanimously dismissed the applicants’ appeal. The court allowed the respondent’s cross-appeal and set aside the Charter damages award. It also found the trial judge erred in publishing the reasons for judgment.