Proulx v. Quebec (Attorney General)

Proulx v. Quebec (Attorney General)

Majority held Nelles applies and that prosecutors enjoy only relative immunity which may be lifted in exceptional cases; on these facts the four Nelles elements were proved on the balance of probabilities (prosecution initiated by Crown, acquittal, lack of reasonable and probable cause because identification evidence was flagrantly inadequate and recordings lacked probative value, and prosecution motivated by an improper purpose by mixing private defamation‑defence interests with public prosecutorial power), therefore Crown immunity was lifted and Attorney General held civilly liable.

Citation
2001 SCC 66
Parties
Appellant/plaintiff: Benoît Proulx; Respondent/defendant: Attorney General of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 October 2001
Procedural Posture
Civil Tort Malicious Prosecution / Appeal to Supreme Court of Canada From Quebec Court of Appeal; Final Decision on Crown Immunity and Civil Liability
Outcome
Appeal allowed; judgment of majority of Quebec Court of Appeal set aside; Superior Court findings of Crown liability and damages restored
Legal Topics
Malicious Prosecution, Crown Immunity, Prosecutorial Misconduct, Reasonable and Probable Cause, Malice/improper Purpose, Eyewitness Identification, Charter Admissibility (s.8, S.24(2))
Source Language
English
Torts Public Law Criminal Procedure Evidence Administrative Law Malicious Prosecution Crown Immunity Prosecutorial Misconduct +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Benoît Proulx

Appellant/plaintiff

Attorney General of Quebec

Respondent/defendant

Procedural Posture

Civil Tort Malicious Prosecution / Appeal to Supreme Court of Canada From Quebec Court of Appeal; Final Decision on Crown Immunity and Civil Liability

Legal Issues

  1. 1 Whether Nelles test for lifting Crown/prosecutorial immunity applies in Quebec public law
  2. 2 Whether Crown prosecutor had reasonable and probable cause to prosecute
  3. 3 Whether prosecution was motivated by improper purpose/malice

Ratio Decidendi

Majority held Nelles applies and that prosecutors enjoy only relative immunity which may be lifted in exceptional cases; on these facts the four Nelles elements were proved on the balance of probabilities (prosecution initiated by Crown, acquittal, lack of reasonable and probable cause because identification evidence was flagrantly inadequate and recordings lacked probative value, and prosecution motivated by an improper purpose by mixing private defamation‑defence interests with public prosecutorial power), therefore Crown immunity was lifted and Attorney General held civilly liable.

Court Disposition

Appeal allowed; judgment of majority of Quebec Court of Appeal set aside; Superior Court findings of Crown liability and damages restored

Orders

  • Set aside the majority decision of the Quebec Court of Appeal
  • Restore Superior Court order finding Attorney General liable for malicious prosecution