Prosecutorial immunity, on the other hand, derives from the immunity provided to judges and the similar need for independence for prosecutors who are exercising judicial or quasi-judicial functions (Nelles, supra, at pars. 24 and 75; Krieger v. Law Society of Alberta, 2002 SCC 65, par. 45). While the common law affords prosecutors immunity for certain actions, the questions here are what is the scope of that immunity and does it apply to the actions that form the basis for the claim in this case? To answer those questions, it is necessary to determine what principles can be derived from the decisions in Nelles and Krieger.
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