Landon Webb won't be compensated for having charter rights violated
Man who won battle against Incompetent Persons Act won't be compensated
A 25-year-old Nova Scotia man will not be compensated for having his charter rights violated by the provincial government.
Landon Webb was declared incompetent under the province's Incompetent Persons Act. His parents were appointed his guardians and controlled almost every aspect of his life.
Lawyers helped Webb successfully fight the guardianship.
Last month, his parents agreed to give up their role. At the same time, the province acknowledged that sections of the Incompetent Persons Act violated the Charter of Rights and Freedoms.
'Not entitled to write happy endings'
A justice of the Nova Scotia Supreme Court declared the act invalid and gave the province a year to redraft the legislation so that it would comply with the charter.
Webb's lawyers asked that same justice, Jamie Campbell, to compensate Webb for what he'd gone through. The lawyers suggested an award of $25,000.
"An award of damages in this case would make for a satisfyingly happy ending to the legal struggle that got Landon Webb his freedom," Campbell wrote in a decision released Friday.
"It would seem very much the right thing to do."
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However, Campbell noted that there would be broader implications to such an award.
"We are not entitled to write happy endings and forget about the consequences," he wrote.
Campbell said there are no villains in this case. He said everyone had Webb's best interests at heart. An award would be inappropriate, he said.