Stewart v. Toronto (Police Services Board)

Stewart v. Toronto (Police Services Board)

The City TPA letter delegated to police only the authority to enforce existing occupier restrictions via the TPA, not to create new conditions of entry; because the City had not enacted or delegated a bag‑search condition for Allan Gardens the police‑imposed Condition of Entry lacked legal foundation and thus the detention, search and seizure violated Charter ss.2(b), 8 and 9; award of $500 under s.24(1) appropriate for vindication/deterrence given good faith and limited intrusion.

Citation
2020 ONCA 255
Parties
Appellant (plaintiff): Luke Stewart; Respondent (defendant): The Toronto Police Services Board; Intervenor: Canadian Civil Liberties Association
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 April 2020
Procedural Posture
Civil / Appeal From Superior Court of Justice (court of Appeal Decision)
Outcome
Appeal allowed in part. Trial judge's finding that police had lawful authority to impose the Condition of Entry set aside; found Charter breaches (ss.2(b), 8 and 9); awarded s.24(1) damages of $500 to appellant; set aside trial costs order against appellant; awarded appellant costs of appeal of $20,000 inclusive;...
Legal Topics
Freedom of Expression (charter S.2(b)), Search and Seizure (charter S.8), Arbitrary Detention (charter S.9), Trespass to Property Act, Occupiers' Liability Act, Ancillary Police Powers, Delegation of Municipal Powers, Charter Remedies (s.24(1))
Source Language
English
Constitutional Law Administrative Law Tort Law Property Law Criminal Procedure Freedom of Expression (charter S.2(b)) Search and Seizure (charter S.8) Arbitrary Detention (charter S.9) +5 more

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Parties

Luke Stewart

Appellant (plaintiff)

The Toronto Police Services Board

Respondent (defendant)

Canadian Civil Liberties Association

Intervenor

Procedural Posture

Civil / Appeal From Superior Court of Justice (court of Appeal Decision)

Legal Issues

  1. 1 Whether police acting as agents of the City under the Trespass to Property Act had authority to impose a bag-search Condition of Entry at Allan Gardens
  2. 2 Whether the police detention and search of Mr. Stewart and seizure of his goggles violated Charter ss.2(b), 8 and 9
  3. 3 If authority existed, whether the Condition of Entry and ensuing detention/search were justified under s.1 of the Charter

Ratio Decidendi

The City TPA letter delegated to police only the authority to enforce existing occupier restrictions via the TPA, not to create new conditions of entry; because the City had not enacted or delegated a bag‑search condition for Allan Gardens the police‑imposed Condition of Entry lacked legal foundation and thus the detention, search and seizure violated Charter ss.2(b), 8 and 9; award of $500 under s.24(1) appropriate for vindication/deterrence given good faith and limited intrusion.

Court Disposition

Appeal allowed in part. Trial judge's finding that police had lawful authority to impose the Condition of Entry set aside; found Charter breaches (ss.2(b), 8 and 9); awarded s.24(1) damages of $500 to appellant; set aside trial costs order against appellant; awarded appellant costs of appeal of $20,000 inclusive;...

Orders

  • Allow appeal and set aside paragraph 1 of the trial judge's judgment dated July 13, 2018
  • Find that the police lacked authority under the City TPA letter to create or impose the bag‑search Condition of Entry at Allan Gardens on June 25, 2010