Can a plaintiff bring a claim for damages under s. 24 of the Charter for malicious prosecution?

Saskatchewan, Canada


The following excerpt is from K. v. Miazga, 2003 SKQB 559 (CanLII):

In Dix v. Canada (Attorney General), supra, Ritter J. dismissed the “collateral” causes of action brought by the plaintiff consisting of s. 24 remedy claims for alleged breaches of his rights under the Charter, for abuse of public office, for negligence, including negligent investigation, for abuse of process, for conspiracy and for false imprisonment. He found that certain of the defendants had breached several Charter rights of the plaintiff. At para. 553, he held that even though a situation may exist where there is a breach of a Charter right which occurs in circumstances of mala fides and which does not equate to malicious prosecution, he did not need to determine that issue because the plaintiff was not left without a remedy for breaches of his Charter rights. His remedy for those breaches was subsumed within and awarded by means of his cause of action for malicious prosecution.

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