Dulude v. Canada, (1997) 138 F.T.R. 301 (TD)
| Judge | Nadon, J. |
| Court | Federal Court (Canada) |
| Case Date | November 07, 1997 |
| Jurisdiction | Canada (Federal) |
| Citations | (1997), 138 F.T.R. 301 (TD) |
Dulude v. Can. (1997), 138 F.T.R. 301 (TD)
MLB headnote and full text
Temp. Cite: [1997] F.T.R. TBEd. DE.001
Claude Dulude (plaintiff) v. Her Majesty The Queen in right of Canada (defendant)
(T-2497-88)
Indexed As: Dulude v. Canada
Federal Court of Canada
Trial Division
Nadon, J.
November 7, 1997.
Summary:
Dulude, while a member of the Canadian Armed Forces, was arrested by military police at his residence. Dulude claimed that the arrest was unlawful and sued for damages for injuries suffered during the arrest and resulting psychological and emotional distress.
The Federal Court of Canada, Trial Division, dismissed the action.
Armed Forces - Topic 7063
Military personnel - Military police - Power to arrest - Dulude, while a member of the Canadian Armed Forces, took sick leave without obtaining the approval of his commanding officer as required by article 16.16 of the Queen's Regulations and Orders for the Canadian Forces - When Dulude returned, the acting Base Personnel Administrative Officer (Caldwell) ordered him to wait in the lobby for further instructions - Dulude left the base - Caldwell ordered the military police to arrest Dulude - Dulude sued for damages, asserting that the arrest was unlawful - The Federal Court of Canada, Trial Division, rejected the assertion and dismissed the action - Dulude had committed an offence within the meaning of s. 90 of the National Defence Act (being absent without leave) and, accordingly, the arrest order was lawful - See paragraphs 27 to 43.
Armed Forces - Topic 7064
Military personnel - Military police - Use of excessive force - Dulude, while a member of the Canadian Armed Forces, was absent from the base without leave (National Defence Act, s. 90) - An order was made for his arrest - Two military police officers and two nonmilitary police officers went to his residence - One of the officers unsuccessfully attempted to convince Dulude to go peacefully - Upon instructions from their commanding officer, the military police entered the residence and arrested him with force - Dulude was forced to the ground and handcuffed - When he refused to get up, the officers carried him out - Dulude sued for damages, asserting that the officers had used more force than was reasonably necessary (s. 154) - The Federal Court of Canada, Trial Division, rejected the assertion and dismissed the action - In any event, Dulude failed to prove that he suffered injuries - See paragraphs 44 to 49.
Armed Forces - Topic 8684
Offences - Particular offences - Absent without leave - [See Armed Forces - Topic 7063 ].
Statutes Noticed:
National Defence Act, R.S.C. 1985, c. N-5, sect. 90 [para. 32]; sect. 154 [para. 46]; sect. 156 [para. 47].
Counsel:
Claude Dulude, on his own behalf;
Alain Préfontaine, for the defendant.
Solicitors of Record:
George Thomson, Deputy Attorney General of Canada, Ottawa, Canada, for the defendant.
This action was heard in Ottawa, Ontario, on September 22 to 25, 1997, before Nadon, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on November 7, 1997.
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Appendices
...awarded $7,500 compensatory damages. 41) Sens v Dobko , 2000 SKQB 589. Trial court rejected Charter damages claim. 42) Dulude v Canada (1997), 138 FTR 301, [1997] FCJ No 1516 (TD), rev’d [2000] 1 FC 545, 2000 CanLII 16085 (CA). Trial court rejected Charter damages claim; overturned by Court......
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The Second Period of Evolution, 1995?2010
...Ward SCC]. 2 These decisions can be found in Appendix 1. 3 Pack MJ Inc v Canada , [1998] FCJ No 1922 (CA) [ Pack MJ ]; Dulude v Canada (1997), 138 FTR 301 (TD), rev’d [2000] 1 FC 545 (CA) [ Dulude ]; Pearson v Canada , 2006 FC 931, af’d 2007 FCA 380, leave to appeal to SCC refused, [2008] S......
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Common Law Damages: The Basis for Charter Damages or Only a Guide?
...of the 16 2007 BCSC 3, af’d 2009 BCCA 23, var’d ( sub nom Vancouver (City) v Ward ) 2010 SCC 27 [ Ward ]. 17 Dulude v Canada (1997), 138 FTR 301 (TD), rev’d [2000] 1 FC 545 (CA) [ Dulude ]; Auton (Guardian ad litem of) v British Columbia (Minister of Health) , 2001 BCSC 220, var’d 2002 BCCA......
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Dulude v. Canada, (2000) 264 N.R. 1 (FCA)
...the arrest and resulting psychological and emotional distress. The Federal Court of Canada, Trial Division, in a decision reported at 138 F.T.R. 301, dismissed the action. Dulude The Federal Court of Appeal allowed the appeal, set aside the judgment and awarded Dulude $10,000. Armed Forces ......
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Dulude v. Canada, (2000) 264 N.R. 1 (FCA)
...the arrest and resulting psychological and emotional distress. The Federal Court of Canada, Trial Division, in a decision reported at 138 F.T.R. 301, dismissed the action. Dulude The Federal Court of Appeal allowed the appeal, set aside the judgment and awarded Dulude $10,000. Armed Forces ......
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Appendices
...awarded $7,500 compensatory damages. 41) Sens v Dobko , 2000 SKQB 589. Trial court rejected Charter damages claim. 42) Dulude v Canada (1997), 138 FTR 301, [1997] FCJ No 1516 (TD), rev’d [2000] 1 FC 545, 2000 CanLII 16085 (CA). Trial court rejected Charter damages claim; overturned by Court......
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The Second Period of Evolution, 1995?2010
...Ward SCC]. 2 These decisions can be found in Appendix 1. 3 Pack MJ Inc v Canada , [1998] FCJ No 1922 (CA) [ Pack MJ ]; Dulude v Canada (1997), 138 FTR 301 (TD), rev’d [2000] 1 FC 545 (CA) [ Dulude ]; Pearson v Canada , 2006 FC 931, af’d 2007 FCA 380, leave to appeal to SCC refused, [2008] S......
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Common Law Damages: The Basis for Charter Damages or Only a Guide?
...of the 16 2007 BCSC 3, af’d 2009 BCCA 23, var’d ( sub nom Vancouver (City) v Ward ) 2010 SCC 27 [ Ward ]. 17 Dulude v Canada (1997), 138 FTR 301 (TD), rev’d [2000] 1 FC 545 (CA) [ Dulude ]; Auton (Guardian ad litem of) v British Columbia (Minister of Health) , 2001 BCSC 220, var’d 2002 BCCA......