What is the test for abuse of public office in Canada?

Alberta, Canada


The following excerpt is from Alberta (Minister of Infrastructure) v. Nilsson, 2002 ABCA 283 (CanLII):

The test for the tort of abuse of public office in Canada was discussed in Roncarelli v. Duplessis, where the actions of the Attorney General of a province were characterized as a “gross abuse of legal power expressly intended to punish [the claimant] for an act wholly irrelevant to the statute”: 1959 CanLII 50 (SCC), [1959] S.C.R. 121 at 141-142 (“Roncarelli”). The acts of the Attorney General were “without legal justification” and were a breach of an implied public statutory duty towards the claimant. The judgment of Rand J. in that case was described by the appeal judge as adopting a test of “targeted malice”. As the appeal judge noted, the case law attaches importance to proof of the mental element related to the improper purpose of the government agent, and to proof of the knowledge of the agent that the conduct exceeds the scope of lawful authority and that the agent proceeds notwithstanding such state of mind.

Other Questions


What is the tort of abuse of public office in Canada? (Alberta, Canada)
What is the test for abuse of public office? (Alberta, Canada)
What is the legal test for the tort of abuse of public office? (Alberta, Canada)
What is public policy in Canada and what is the test for it? (Alberta, Canada)
Can a public health officer order that every home be equipped with a colour television or popcorn maker for the same reasons? (Alberta, Canada)
What is the test for bad faith in public office? (Alberta, Canada)
Does access to public property to utilize public transportation fall within the scope of the s. 7 right to liberty? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
Does the holding of a public inquiry into historical abuse constitute a consideration that falls within the power to stay a subsequent prosecution? (Alberta, Canada)
Is a publication ban, pseudonyms and sealed file a similar type of process to the publication ban? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.