Phillips and Reiger v. Board of Police Commissioners of Moose Jaw et al., (1988) 67 Sask.R. 49 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 17, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 67 Sask.R. 49 (QB)

Phillips v. Police Commrs. Bd. (1988), 67 Sask.R. 49 (QB)

MLB headnote and full text

Terry Allan Phillips and Richard John Reiger (plaintiffs) v. Board of Police Commissioners of the Corporation of the City of Moose Jaw, Alex Kuhn, Mervin Schenk and Richard Baum (defendants)

(No. 366 A.D. 1987)

Indexed As: Phillips and Reiger v. Board of Police Commissioners of Moose Jaw et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Moose Jaw

Barclay, J.

February 17, 1988.

Summary:

Two city constables sued the defendant board of police commissioners, the police chief and a police inspector for damages for the alleged breach of the constables' Charter rights. The police chief and inspector applied under Queen's Bench Rule 173 to strike out certain portions of the constables' statement of claim.

The Saskatchewan Court of Queen's Bench allowed the application, since the impugned conduct was not protected by the Charter and thus the paragraphs complained of did not reveal any claim known to law.

Civil Rights - Topic 8304

Canadian Charter of Rights and Freedoms - Application - Section 7 - City constables sued the defendant board of police commissioners, the police chief and a police inspector, alleging that the defendants contravened the constables' s. 7 Charter rights - The constables allegedly suffered damages such as loss of special assignments, diminished opportunity for promotions and loss of reputation and esteem - The Saskatchewan Court of Queen's Bench held that s. 7 of the Charter did not protect such rights - See paragraph 12.

Civil Rights - Topic 8304

Canadian Charter of Rights and Freedoms - Application - Section 15 - The Saskatchewan Court of Queen's Bench held that s. 15(1) of the Charter did not apply to private activity but was confined to government action - Discriminatory actions by individuals were "left to regulation by human rights codes, other statutes and the common law" - See paragraphs 14 to 15.

Cases Noticed:

Carr v. Jordan (1951-52), 4 W.W.R.(N.S.) 445, refd to. [para. 4].

Collver and Management Associates Limited v. MacDermid & Company, [1979] 6 W.W.R. 316; 4 Sask.R. 16, refd to. [para. 4].

Marshall v. Saskatchewan, Petz and Adams, [1983] 2 W.W.R. 92; 20 Sask.R. 309 (C.A.), refd to. [para. 4].

Inuit Tapirisat of Canada and National Anti-poverty Organization v. Attorney General of Canada, [1980] 2 S.C.R. 735; 33 N.R. 304; 115 D.L.R.(3d) 1, refd to. [para. 4].

Wong v. Schienbein, [1983] Sask. D. 3702-03, refd to. [para. 5].

Neufeld et al. v. United Food and Commercial Workers International Union, Local 1400 (No. 2) (1984), 32 Sask.R. 245 (Q.B.), refd to. [para. 6].

A.A.A. Royal Ambulance Service Ltd. v. Howes (1986), 48 Sask.R. 43, consd. [para. 7].

Spence v. Spencer and Board of Police Commissioners (1986), 44 Sask.R. 135, consd. [para. 11].

Blainey v. Ontario Hockey Association (1986), 14 O.A.C. 194; 54 O.R.(2d) 513; 26 D.L.R.(4th) 728, refd to. [para. 15].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 12]; sect. 15(1) [paras. 13-14]; sect. 32(1) [para. 8].

Authors and Works Noticed:

Hogg, P.W., Constitutional Law of Canada (2nd Ed.), p. 674 [para. 9].

Counsel:

Patrick A. Kelly, for the plaintiffs;

Ian D. McKay, for the defendants, Alex Kuhn and Richard Baum.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Moose Jaw, whose decision was delivered on February 17, 1988.