Campbell v. Lobreght, Hudyma and Ryckman, (1985) 66 A.R. 222 (CA)

• Judge: Laycraft, C.J.A., Moir and McClung, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: December 10, 1985
• Citations: (1985), 66 A.R. 222 (CA)

Campbell v. Lobreght (1985), 66 A.R. 222 (CA)

MLB headnote and full text

Campbell v. Hudyma

(#16661)

Campbell v. Lobreght, Hudyma and Ryckman

(#16677)

Indexed As: Campbell v. Lobreght, Hudyma and Ryckman

Alberta Court of Appeal

Laycraft, C.J.A., Moir and McClung, JJ.A.

December 10, 1985.

Summary:

Two police officers acting on information from an unknown informant searched Campbell's purse and found several syringes. One of the officers arrested Campbell without reasons and had her strip searched at the police station. Only then was Campbell's innocence discovered by her disclosure that she was a diabetic. Campbell sued the two police officers for damages for false arrest and imprisonment and assault.

The Alberta Court of Queen's Bench, in a judgment not reported in this series of reports, allowed the action. The Court awarded $1,000 damages against each officer for false arrest and imprisonment and $200 damages against the arresting officer for assault. The officers appealed. Campbell cross-appealed the damage awards.

The Alberta Court of Appeal dismissed the arresting officer's appeal, because although the arrest was justified on reasonable and probable grounds it was unlawful where Campbell was not informed of the reason for her arrest. The Court affirmed the $200 damage award for assault and increased the damage award for false arrest and imprisonment from $1,000 to $2,200. The Court allowed the other officer's appeal, because he took no active part in any of the events.

Civil Rights - Topic 8405

Canadian Charter of Rights and Freedoms - Criminal proceedings - Right to be informed without unreasonable delay of specific offence - A police officer had reasonable and probable grounds for arresting Campbell, but did so without informing her of the reason for the arrest - The Alberta Court of Appeal held that the failure to inform Campbell made the arrest unlawful - See paragraphs 19 to 22.

Damage Awards - Topic 628

Torts - Affecting the person - Assault - A police officer unlawfully arrested Campbell - Campbell offered no resistance, but was given a "slight push" into the police car - The Alberta Court of Appeal affirmed both that the officer assaulted Campbell and the $200 damage award - See paragraph 5.

Damage Awards - Topic 629

Torts - Affecting the person - False arrest - Campbell was unlawfully arrested and imprisoned by a police officer - She was arrested outside a public theatre, taken to the police station and strip searched - The whole ordeal lasted 15-20 minutes - The police were not abusive - The Alberta Court of Appeal, noting the inconvenience and humiliation suffered, awarded Campbell $2,200 damages against the officer - See paragraphs 28 to 29.

Police - Topic 3063

Powers - Arrest - Without warrant - Reasonable and probable grounds - Police were informed by an unknown person that a woman standing outside a theatre attempted to sell her LSD - The police went to the theatre, saw Campbell (who fit the informant's description) and asked to search her purse - Several syringes were found - Campbell did not explain their presence by disclosing that she was a diabetic - Campbell was arrested, strip searched at the police station and then released when she explained why she had the syringes - The Alberta Court of Appeal held that the police were justified in arresting Campbell without warrant, because there were reasonable and probable grounds for believing that she had committed or was about to commit an indictable offence (trafficking) - See paragraphs 7 to 18.

Police - Topic 5143

Actions against police - Assault - What constitutes - A police officer unlawfully arrested Campbell - Campbell offered no resistance, but was given a "slight push" into the police car - The Alberta Court of Appeal affirmed that the officer assaulted Campbell - See paragraph 5.

Cases Noticed:

Dumbell v. Roberts et al., [1944] 1 All E.R. 326 (C.A.), refd to. [para. 8].

Gottschalk v. Hutton, [1922] 1 W.W.R. 59; 36 C.C.C. 298, refd to. [para. 10].

Dallison v. Caffery, [1964] 2 All E.R. 610 (C.A.), refd to. [para. 16].

Herniman v. Smith, [1938] 1 All E.R. 1 (H.L.), refd to. [para. 17].

Lister v. Perryman (1870), 23 L.T. 269 (H.L.), refd to. [para. 17].

Kennedy v. Thomlinson et al. (1960), 20 D.L.R.(2d) 273, refd to. [para. 17].

Liversidge v. Anderson, [1942] A.C. 206, refd to. [para. 18].

Christie v. Leachinsky, [1947] A.C. 573 (H.L.), refd to. [para. 20].

Koechlin v. Waugh (1956), 118 C.C.C. 24 (Ont. C.A.), refd to. [para. 20].

Cheese v. Hardy, [1975] 1 W.W.R. 249, refd to. [para. 20].

Schuck v. Stewart et al., [1978] 5 W.W.R. 279, refd to. [para. 20].

Gamracy v. R. (1973), 12 C.C.C.(2d) 209 (S.C.C.), refd to. [para. 20].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(a) [para. 20].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 29(2)(b), sect. 450(1)(a) [para. 6].

Counsel:

G. Lintz, for the appellant, Hudyma;

M. O'Byrne, for the respondent, Campbell;

F.A. Day, for the appellant, Lobreght.

This appeal was heard before Laycraft, C.J.A., Moir and McClung, JJ.A., of the Alberta Court of Appeal.

On December 10, 1985, the judgment of the Court of Appeal was delivered and the following opinions were filed:

McClung, J.A. (Laycraft, C.J.A., concurring) - see paragraphs 1 to 30;

Moir, J.A., concurring in part - see paragraphs 31 to 33.