SOC 4900 Lecture Notes - Lecture 1: Malicious Prosecution, Absolute Immunity, Law Society
26 Nov 2015
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Accused struck another car while drunk and killed a married couple and injured their son. Nixon was charged with several criminal code offences. Crown felt some evidence was inadmissible, enters plea bargain. Nixon plead guilty to lesser charges or careless driving with no criminal code charges. Challenged in alberta: negotiations between crown council are subject to review by the court, plea agreement was not justified, cannot cancel charges. Nixon argues that the cancellation of the plea agreement violates her section 7 charter right. Prosecutors do not have absolute immunity against civil suits: liability for malicious prosecution, but, crowns cannot be held liable for errors in judgment or professional negligence. It would have a chilling effect on their discretion and open gates for many law suits: no remedy against an incompetent or negligent crown, most significant form of accountability in the discretion and power held by trial.
