The appellant, an inmate, appealed the dismissal of his action for malicious prosecution and Charter damages against a police officer and the Crown.
The appellant had been charged with assault causing bodily harm following a prison fight, but the charge was later withdrawn.
The Divisional Court upheld the trial judge's findings that the investigating officer had reasonable and probable grounds to lay the charge and did not act with malice.
The court also confirmed that mala fides is required to establish a breach of section 7 of the Charter in this context, and that the appellant sued the wrong level of government for his transfer to a maximum-security facility.
The appeal was dismissed.
