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The Minister's power of mercy is protected by qualified immunity, requiring bad faith for liability.
This appeal addressed federal Crown civil liability for the Minister of Justice's handling of mercy applications after a wrongful conviction.
The Court held that the mercy power was a core policy function protected by qualified immunity, and liability required bad faith or serious recklessness rather than simple fault.
The appellant did not prove that ministers acted in bad faith or that any alleged review failures caused compensable loss.
The Court also rejected additional damages, punitive damages, and claimed extrajudicial fees tied to alleged abuse of process.
Supreme Court disposed of the appeal under the applicable legal framework.
Appeal decision of the Supreme Court of Canada in 2013 SCC 73, addressing the legal issues presented and disposing of the proceeding on the terms stated in the reasons and judgment.