Today, in an unanimous ruling “Vancouver (City) v. Ward, 2010 SCC 27“, the Supreme Court of Canada laid down the steps to decide the award of damages for Charter breach, (emphasis and link added)
“I conclude that damages may be awarded for Charter breach under s. 24(1) where appropriate and just.
The first step in the inquiry is to establish that a Charter right has been breached.
The second step is to show why damages are a just and appropriate remedy, having regard to whether they would fulfill one or more of the related functions of compensation, vindication of the right, and/or deterrence of future breaches.
At the third step, the state has the opportunity to demonstrate, if it can, that countervailing factors defeat the functional considerations that support a damage award and render damages inappropriate or unjust.
The final step is to assess the quantum of the damages.”
CBC News “Top court upholds damages for charter breaches” (with video).
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