Ewert v. Canada
Jeffrey G. Ewert
Law Firm / Organization
Unrepresented
His Majesty the King in Right of Canada

- Parties: The plaintiff was Jeffrey G. Ewert. The defendant was His Majesty the King in Right of Canada.

- Subject Matter: The plaintiff filed a claim asserting that Correctional Services Canada (CSC) violated his rights under the Canadian Charter of Rights and Freedoms in summer 2019 by searching his medicine bundle in his absence contrary to CSC policy and by asking or requiring him to remove his headbands for photographs and searches. He sought damages and declarations as remedies for the alleged Charter breaches.

- Ruling: The court partly allowed the plaintiff’s action against the Crown. CSC’s detention and search of the plaintiff’s medicine bundle in July 2019 violated his rights under ss. 2(a) and 8 of the Charter in a manner not justified under s. 1 of the Charter, the court held. However, the plaintiff failed to show that the requests and demands made regarding his headbands in July and August 2019 breached his Charter rights, the court said.

- Date: The hearing was set on Feb. 21, 2023. The court released its decision on Sept. 27, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court awarded the plaintiff damages in the amount of $7,500 as a remedy for the breach of his rights under ss. 2(a) and 8 of the Charter. The court also awarded the plaintiff his disbursement costs for the action in the amount of $800.

Federal Court
T-2069-19
Constitutional law
$ 8,300
Plaintiff
06 May 2022