(File photo by THE CANADIAN PRESS)

(File photo by THE CANADIAN PRESS)

G20 protester awarded $500 for illegal police search and goggles seizure

Ontario’s top court ruled police had no right to search Luke Stewart when he entered a public park

A man whose swim goggles were confiscated by officers following a search of his backpack on the eve of the turbulent G20 summit in Toronto almost a decade ago has been awarded $500 in damages.

In its decision, Ontario’s top court ruled police had no right to search Luke Stewart when he entered a public park. Requiring the search infringed his rights to free expression and to be free from arbitrary detention, the court found.

“The freedom to engage in the peaceful public expression of political views is central to our conception of a free and democratic society,” Justice David Brown wrote for the Appeal Court. “Freedom of expression requires zealous protection.”

As tensions mounted heading into the summit weekend in June 2010, police decided to search bags and backpacks as a condition of entry into Allan Gardens. Officers cited trespassing laws as justification, saying they were looking for weapons or items that could be used as weapons.

Three officers confronted Stewart, of Kitchener, Ont., and asked to search his bag. He refused, demanding to know their legal justification. They responded it was under trespass laws. Stewart, in the three-minute videotaped encounter, pushed past the officers, who then restrained him briefly.

They removed his backpack and, over his objections, took his swim goggles on the grounds he could used them to protect himself from police tear gas. Stewart, who refused to give his name, then proceeded into the park.

Stewart sued, claiming police had illegally detained him, searched his backpack, and confiscated his goggles. He argued they knew their actions were unjustified and in bad faith. He sought $20,000 — down from his initial claim of $100,000.

In July 2018, Superior Court of Justice Bernadette Dietrich ruled the officers did have the requisite search powers. She dismissed his action and claim for damages, prompting his appeal.

The Appeal Court noted in its ruling that the Supreme Court of Canada had clarified police powers after Dietrich’s ruling, finding the officers had no authority to target apparent protesters for searches.

“The police arbitrarily detained Mr. Stewart when he attempted to cross the police line into the park without submitting to a search of his backpack,” Brown wrote. “Mr. Stewart was not engaged in acts of physical violence or threats of violence.”

On the issue of damages, the appellate court concluded Stewart had shown no evidence of losses to justify the damages he sought. However, a “modest” award for the violation of his rights was justified, the court said.

The chaotic G20 weekend in June 2010 saw a relative few protesters —among the many peaceful demonstrators — engaged in serious vandalism. In response, officers arrested more than 1,000 people — in many cases illegally. The actions spawned numerous complaints and lawsuits over the heavy-handed police actions.

In Stewart’s case, the Appeal Court said, officers acted in good faith and professionally. Stewart could have recovered his goggles had he given officers his name for a property receipt, Brown said.

The court set aside an earlier $20,000 costs award against him and instead ordered police to pay him $20,000 for the costs of his appeal. His trial costs are yet to be determined.

Colin Perkel, The Canadian Press


Like us on Facebook and follow us on Twitter.

CanadaLaw and justice

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The organizer of a Kelowna protest against COVID-19 restrictions was fined by the RCMP for the third time Saturday, Jan. 16, 2021. (File photo)
COVID-19: Organizer of Kelowna anti-restriction protest ticketed for third time

The individual’s latest ticket for $2,300 was handed out by RCMP at an anti-lockdown rally Saturday

Mount Boucherie Secondary School is one of three Kelowna schools with confirmed cases of COVID-19, according to an update from the school district Saturday, Jan. 16, 2021. (File photo)
COVID-19 confirmed at 3 Kelowna schools

Interior Health has confirmed exposures at Mount Boucherie, Springvalley and South Rutland schools

Justin Kripps of Summerland and his team have competed in Olympic action and World Cup competitions in bobsleigh. (Jason Ransom-Canadian Olympic Comittee).
QUIZ: Are you ready for some winter sports?

It’s cold outside, but there are plenty of recreation opportunities in the winter months

City of Vernon crews are responding to a small sinkhole on Lakeshore Road in Vernon Saturday, Jan. 16, 2021. (Contributed)
Sinkhole slows Vernon traffic

Lakeshore Road has been reduced to single-lane alternating traffic Saturday

A map released by the BCCDC on Jan. 15 shows the number of new COVID-19 cases reported for each local health area between Jan. 3 and 9. (BCCDC Image)
Salmon Arm and Vernon see increase in new COVID cases, curve flattening elsewhere

The rate of new cases is levelling off in Kelowna, Penticton and Revelstoke.

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

Half of the most expensive homes are on 2080 Mackenzie Crt, which is across the street from Revelstoke Mountain Resort. (Liam Harrap/Revelstoke Review)
The 10 most valuable homes in Revelstoke for 2020

Combined, the properties are worth more than $35M

Lake Country native Evan-Riley Brown is in the cast for the new film Journey To Royal: A WW II Rescue Mission to be released on video on demand and streaming services on Feb. 2. (Contributed)
Okanagan actor lands role in WW II movie

Evan-Riley Brown, from Lake Country, cast in production labelled as hybrid of a feature film and documentary called Journey To Royal: a WW II Rescue Mission.

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
More than 20 days have passed since the last case of COVID-19 was confirmed at Lakeside Manor. (File photo)
Salmon Arm retirement facility reopens social areas after COVID-19

More than 20 days have passed since last confirmed case at Lakeside Manor

A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Standardized foundation skills assessment tests in B.C. schools will be going ahead later than usual, from Feb. 16 to March 12 for students in Grades 4 and 7. (Black Press Media file photo)
B.C. teachers say COVID-affected school year perfect time to end standardized tests

Foundational skills testing of Grade 4 and 7 students planned for February ad March

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Most Read