1 total
Human rights application against Crown Attorney dismissed due to prosecutorial immunity.
The applicant filed a human rights application alleging discrimination arising from an alleged assault at a school.
The application named a Crown Attorney as a respondent, alleging he improperly advised police against laying charges.
The Tribunal issued a Notice of Intent to Dismiss the application against the Crown Attorney on the basis of prosecutorial immunity.
The Tribunal found that the Crown's review of the police investigation and advice regarding charges falls squarely within the core elements of prosecutorial discretion and is immune from review under the Human Rights Code.
The application against the Crown Attorney was dismissed.
