Prime Minister Chrtien visited Vancouver in August 2002 to commemorate the opening of a new gate to

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Prime Minister Chrétien visited Vancouver in August 2002 to commemorate the opening of a new gate to the city's Chinatown. City police received a tip that an unidentified man intended to throw a pie at the prime minister. The plaintiff, a lawyer in his mid-40s, attended the event, acted in a suspicious manner, and loosely fit a broad description given to the police. The police, mistakenly believing that the plaintiff was the would-be assailant, handcuffed him and took him to a police station. He was subjected to a strip search and held in a police cell for approximately four and a half hours. When the error eventually was discovered, the plaintiff was released. The plaintiff then sued the government on the basis of the police actions. Although he has not proven that the police committed any torts, he has convinced the court that the police violated his rights under section 8 of the Charter, which says that "Everyone has the right to be secure against unreasonable search or seizure." What remedy would be best in this case? Explain your answer.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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