The appeal concerned whether Charter damages may be claimed against the provincial Crown for wrongful prosecutorial non-disclosure without pleading malice.
The Court held that malice is not required, but imposed a stringent threshold requiring intentional withholding, actual or imputed knowledge of materiality and likely impairment of full answer and defence, a Charter breach, and causation of legally cognizable harm.
The reasons emphasized good-governance limits to prevent defensive prosecution practices and unmeritorious civil claims, while preserving remedies for serious constitutional violations.
The claimant was permitted to pursue an amended pleading for s. 24(1) damages based on the alleged disclosure failures leading to wrongful convictions and prolonged incarceration.
