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jail. He was tossed in a 3x6-foot cell and subjected to a strip search. He was not allowed to call a lawyer.

Four-and-a-half hours later, an officer told him he was arrested in a case of mistaken identity, because he matched the description of someone who was overheard plotting to throw a cream pie at the prime minister. He was released without charges and an officer escorted him to retrieve his car from the police impound lot. His arrest, which was filmed by a TV crew, aired on the 6 o’clock news that night.

Ward asked the police for a public apology, since he wanted people to know he had done nothing wrong. “The police not only refused to issue an apology, but at a press conference defended the officers’ actions,” Ward says.

Ward sued the police. Before the trial, he offered to drop his suit in exchange for a public apology. Again the police refused. After a six-day trial, Ward won $5,100 in damages for unlawful detention, unreasonable search of his person and the unreasonable seizure of his car. The Crown appealed. The British Columbia Court of Appeal upheld the decision. Again, the Crown appealed.

On July 23, 2010, the Supreme Court of Canada issued its decision in Ward v. City of Vancouver, unanimously declaring that Canadians may have the right to sue for monetary compensation if their constitutional rights are violated.

About 18 months after the end of his eight-year legal ordeal and odyssey, Ward reflects simply, “It is very important to stand up for what you believe is right. I could not have looked myself in the mirror if I had not fought.” n

peter@bortolussilaw.com

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