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ARTICLE · 20 MAY 2021

Misfeasance Claims Against Crown Prosecutors - Case Study: Ontario (Attorney General) V. Clark, 2021 SCC 18

McCague Borlack LLP
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The Supreme Court of Canada slammed the door shut on misfeasance claims against Crown prosecutors in one of their most recent rulings. In an 8-1 decision, the Court reinforced the immunity of Crown...

CanadaLitigation, Mediation & Arbitration
Howard Borlack
Howard Borlack
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The Supreme Court of Canada slammed the door shut on misfeasance claims against Crown prosecutors in one of their most recent rulings. In an 8-1 decision, the Court reinforced the immunity of Crown prosecutors in their prosecution of criminal matters due to their unique positions in the justice system that requires them to be free from fear of civil liability in the execution of their duties.

Facts

In June 2009, two individuals were arrested and charged with complaints of armed robbery and forcible confinement. Prior to the trial, one of the individuals brought an application to stay the proceedings against him and to exclude the evidence of a confession he made on the date of the arrest on the basis that he was beaten by the arresting officers causing severe injury. The Crown prosecutors on the matter stated that the confession would not be admissible and stayed the charges. The other individual, after being convicted in a jury trial, then also filed a stay

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