The appellant was charged with the murder of four infants and discharged at the preliminary inquiry.
She sued the Crown, the Attorney General, and police officers for malicious prosecution.
The respondents moved to strike the claim on the basis of absolute prosecutorial immunity.
The Supreme Court of Canada held that while the Crown itself enjoys absolute immunity under the Proceedings Against the Crown Act, the Attorney General and Crown Attorneys do not enjoy absolute immunity at common law from suits for malicious prosecution.
The Court found that public policy does not justify absolute immunity where a prosecutor acts maliciously in fraud of their duties.
