Case information

Civil liability – Malicious arrest and prosecution – Fault – Whether advance authorization of criminal charge without going through usual two-level screening mechanism constitutes abuse of criminal justice system equivalent to fault within meaning of art. 1457 of Civil Code of Québec, CQLR, c. CCQ-1991 – If so, whether effect of such abuse is that Director of Criminal and Penal Prosecutions ceases to benefit from any immunity associated with his or her role as prosecutor – Whether respondents committed civil fault giving rise to liability by impairing fundamental rights of applicant that are protected by Canadian Charter of Rights and Freedoms – Damages to which applicants are entitled as result both of malicious prosecution and of impairment of fundamental rights of applicant that protected by Charter.

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The applicant Guy Lafleur was charged with and ultimately acquitted of giving contradictory evidence in respect of the arrest and detention of his son, against whom criminal charges had been laid. A few weeks after the charges were laid against Mr. Lafleur, he brought an action for damages against the respondents, alleging that he had been subjected to a malicious arrest and prosecution. Mr. Lafleur failed to prove fault on the respondents’ part, and the action was accordingly dismissed. The Court of Appeal dismissed his appeal.