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Lecture 11

POLI 378 Lecture 11: Lecture 11
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4 Pages
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Department
Political Science
Course Code
POLI 378
Professor
Nicole Borovan

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Lecture 11: Quiz: 1- Public interests: Slide 5 lecture 9 2- No other reasonable alternative since 2012 ruling is not the only requirement: Serious issue- direct or a genuine interest in the case can be irreasonable alternative if serious issue or they have a direct or genuine interest (confirm this) 3- False- (why)? Lecture: Evidence is essential to go to court Take into account public interest- even if you have solid evidence to be sure to get the conviction of the person, you can withdraw the charges because theres a public interest that justifies not to execute Even the interests of the victim- protect women, children, the elderly Question of independence is acute when it comes to defending cases of constitutional cases Whether the AG can defend a legislation he knows violates the constitution of Canada You have to stand and defend that law In criminal cases: AG is the prosecuter against the accused AG represented by a lawyer that is recruited and paid by the government And defend the government in court When the government doesnt have a lawyer in the region, can hire a private agent to carry this out in court Not only is the AG prosecuting a case, but the AG is also most of the time in civil cases will act as a defendant Rarely the AG will be plaintiff in civil cuits Civil suits- procedural rights- in rendering a decision and it violates your rights- to be treated fairly you can claim the decision to be unfair, contrary to fundamental principle of justice and can challenge this in court and AG will be defendant in the law suit Can also sue the government because of a wrongful act of the government Case where you have been charged with a serious crime and the crime is investigated and in the end youre acquitted and you find you have suffered morally and psychologically and your reputation is damaged Can you sue the AG for sueing you in court without enough evidence? The AG has what the supreme court calls relative immunity- immune from prosecution and to be sued because of decisions to prosecute- part of their public job to prosecute for reasonable reasons If you want to sue the AG- you have to show the decision to prosecute you was unreasonable, you got acquittal and that the decision to prosecute from the AG had nothing to do with any idea of justice and totally unreasonable and illegitimate from the part of the prosecution In principle you can sue but the AG has immunity so you would have to reverse the immunity
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