Under what circumstances will a plaintiff be able to bring a claim for malicious conduct against the Attorney General for a Charter violation?
British Columbia, Canada
The following excerpt is from Henry v. British Columbia (Attorney General), 2013 BCSC 665 (CanLII):
The Province opposes the application. It relies on the principles set out in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, 60 D.L.R. (4th) 609 [Nelles] for the proposition that the longstanding common law rule of prosecutorial immunity only allows claims for Charter breaches to succeed if they arose from malicious conduct by the prosecutor. BACKGROUND
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