Chartier v. Att. Gen. (Que.)

Chartier v. Att. Gen. (Que.)

Majority held the coroner's warrant was abused to permit detention for police interrogation, police officers failed to consider and in some instances suppressed exculpatory evidence and gave misleading testimony at the inquest; those acts constituted fault in performance of duties and made the Attorney General vicariously liable; concurrent lower court findings were set aside where they misapprehended material evidence; damages awarded as global sum to compensate moral and reputational injury (majority: $50,500).

Citation
[1979] 2 SCR 474
Parties
Appellant / Plaintiff: Benny J. Chartier; Respondent / Defendant: The Attorney General of the Province of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 May 1979
Procedural Posture
Civil Tort (false Arrest / Wrongful Charge) / Appeal to Supreme Court of Canada (on Appeal From Court of Appeal for Quebec)
Outcome
Appeal allowed; majority judgment for appellant against respondent in amount of $50,500; partial dissent on quantum.
Legal Topics
False Arrest, Wrongful Imprisonment, Police Negligence, Vicarious Liability, Illegality/abuse of Coroner's Warrant, Causation, Quantum of Damages
Source Language
English
Torts Administrative Law Criminal Procedure False Arrest Wrongful Imprisonment Police Negligence Vicarious Liability Illegality/abuse of Coroner's Warrant +2 more

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Parties

Benny J. Chartier

Appellant / Plaintiff

The Attorney General of the Province of Quebec

Respondent / Defendant

Procedural Posture

Civil Tort (false Arrest / Wrongful Charge) / Appeal to Supreme Court of Canada (on Appeal From Court of Appeal for Quebec)

Legal Issues

  1. 1 Whether provincial police committed fault in arresting and charging appellant
  2. 2 Whether a coroner may issue a warrant to detain a person for police interrogation (scope of s.38 Coroners' Act)
  3. 3 Whether the Attorney General is vicariously liable for the officers' acts

Ratio Decidendi

Majority held the coroner's warrant was abused to permit detention for police interrogation, police officers failed to consider and in some instances suppressed exculpatory evidence and gave misleading testimony at the inquest; those acts constituted fault in performance of duties and made the Attorney General vicariously liable; concurrent lower court findings were set aside where they misapprehended material evidence; damages awarded as global sum to compensate moral and reputational injury (majority: $50,500).

Court Disposition

Appeal allowed; majority judgment for appellant against respondent in amount of $50,500; partial dissent on quantum.

Orders

  • Judgment for appellant against respondent in the sum of 50,500 CAD
  • Interest at 5% per annum from February 24, 1966