Lamb v Benoit information

Lamb v Benoit, [1959] SCR 321 was a legal case that was heard by the Supreme Court of Canada. Lamb, a Jehovah's Witness, was arrested for distributing religious pamphlets in Verdun, Quebec, in 1946, along with three other members of the religion. She was accused by the plaintiff of distributing copies of Quebec's Burning Hate, but the Supreme Court found no evidence of that specific pamphlet being distributed.^[1] Lamb was detained for a weekend without access to legal counsel.^[2] Local authorities offered to release Lamb if she would not hold them responsible for her detention, but she refused. She was then charged with conspiracy to publish sedition, but this was dismissed by a trial judge and that decision was upheld when appealed.^[1] Justice Abbott, a common law justice, concluded that the police officers had violated a Quebec statute through not acting in good faith.^[3] She was awarded $2,500 in damages. This was cited by Kent Roach, writing for the University of Toronto Law Journal, as an example that "courts were more generous in accessing damages than they are today under the Charter".^[4]

^ ^a ^b Lamb v. Benoit et al.; [1959] S.C.R. 321 (January 27, 1959) (Report). Canadian Government News.
^ The Protection of Fundamental Rights by the Constitutional Court. Organization for Security and Co-operation in Europe. Office for Democratic Institutions and Human Rights. 1996. p. 241.
^ Fowler, Dulcey (1973). "The Canadian Bill of Rights-A Compromise between Parliamentary and Judicial Supremacy". The American Journal of Comparative Law. 21 (4): 716. doi:10.2307/839085. JSTOR 839085.
^ Roach, Kent (2019). "The disappointing remedy? Damages as a remedy for violations of human rights". University of Toronto Law Journal. 69: 38. doi:10.3138/utlj.69.s1.002. ISSN 0042-0220. S2CID 212951717.

[LambvBenoit-1] Lamb v. Benoit et al.; [1959] S.C.R. 321 (January 27, 1959) (Report). Canadian Government News.

[2] The Protection of Fundamental Rights by the Constitutional Court. Organization for Security and Co-operation in Europe. Office for Democratic Institutions and Human Rights. 1996. p. 241.

[3] Fowler, Dulcey (1973). "The Canadian Bill of Rights-A Compromise between Parliamentary and Judicial Supremacy". The American Journal of Comparative Law. 21 (4): 716. doi:10.2307/839085. JSTOR 839085.

[4] Roach, Kent (2019). "The disappointing remedy? Damages as a remedy for violations of human rights". University of Toronto Law Journal. 69: 38. doi:10.3138/utlj.69.s1.002. ISSN 0042-0220. S2CID 212951717.

Lamb v Benoit information

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