Claude Haridge was involved in a demonstration. He threw a paint balloon at a bus and some of the paint flecks hits a nearby officer, so Haridge was transported to police cells. At the cells Special Constable Glenmore Clarke struck Haridge in the back of the thigh with great force while Haridge was handcuffed and said to him, "You are my bitch now." 

Haridge was charged with three criminal offenses and at his trial he applied to have the proceedings against him stayed (ended).

Section 24(1) of the Charter permits a trial judge to give an appropriate and just remedy to someone whose Charter rights have been violated by State action.

Answer these Questions:

1) Madam Justice Alder, who was the trial judge in Haridge's case, agreed that Cst. Clarke violated what Charter right or rights when he assaulted Haridge? ____________

) Haridge v. Ottawa Police Services Board,2011 CarswellOnt 15691 ("Haridge")and

2) Elmardy v. Toronto Police Services Board,2017 ONSC 2074, 2017 CarswellOnt 4868 ("Elmardy")

 

___________________________________________________________________ (1)

2) Did Madam Justice Alder stay the criminal proceedings against Haridge, as he had asked her to do? Yes or No (1)

3) Haridge had also asked Madam Justice Alder to award him different types of "damages" (the legal word for monetary or financial compensation) because of Cst. Clarke's assault upon him. What was the total amount of general damages that Haridge sought? _____________________________ (1) How much in general damages did the court award Haridge, and why? ________________________________________

__________________________________________________________________ (2)

4) How much did Haridge ask the court to award him in punitive and/or aggravated damages?_________________________ . Did the court award him these damages?

Yes or No (2)

2) The Elmardy Case - Carding an Assaulting a Black Man in Toronto (7 points)

Mutaz Elmardy is a black man who was stopped by two Toronto police officers one winter evening. One officer, Constable Pak, had a 'hunch' that Elmardy might have violated bail terms. Another officer, Cst Poole, thought that Elmardy might be carrying a weapon.

The officers u-turned their vehicle and confronted Elmardy with questions. Elmardy responded in a hostile manner. The police got out of their car, asked him to remove his hands from his pockets. He refused to do so, so they subdued him.

Question 1: At this point, did the police detain Elmardy? Yes or No (1)

Cst. Pak punched Elmardy twice in the face. Elmardy was then knocked to the ground, handcuffed, asked where he was from, and left lying on the icy ground for about 20 to 25 minutes.

During this incident the police carded Elmardy (ie they filled out a "208 card") and indicated on the card that Elmardy's skin colour was black and that he was from Sudan.

Question 2: Having handcuffed Elmardy, were officers Pak and Poole obliged to read Elmardy his s.10 Charter right to instruct counsel with delay? Yes or No (1)

Elmardy sued the officer (and the Toronto Police Services Board) for battery. He alleged that Cst Pak's battery upon him was racially motivated and he alleged that Cst Pak violated several of his Charter rights.

The trial judge agreed that Cst Pak had committed a battery upon Elmardy and had violated some of his constitutional rights, so he awarded Elmardy a certain amount of financial compensation. Among other things, he awarded Elmardy:

$4,000 total for the constitutional breaches ($1,000 for the s.8 Charter breach, $2,000 for the s.9 Charter breach, and $1,000 for the s.10 Charter breaches)

Plus, he awarded Elmardy $18,000 in punitive damages.

However, Elmardy was not satisfied with this result. He appealed to the Ontario Superior Court of Justice, whose decision you have on BrightSpace.

Question 3: Did the trial judge conclude that Elmardy was detained because of racial profiling? Yes or No (1)

Did the Ontario Superior Court of Justice agree? Yes or No (1)

Question 4: Did the Ontario Superior Court of Justice increase the amount of the constitutional damages award for Elmardy? If so, why? If not, why not? ____________

______________________________________________________________________

___________________________________________________________________ (2)

Question 5: Did the Ontario Superior Court of Justice increase the amount of punitive damages owed to Elmardy, or leave that amount as stipulated by the trial judge?

Increased the amount or Left the amount as is (1)