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Simon Shields, LLB

Online Law Since 2005 (Ontario)

Simon Shields, LLB
simonshields@isp.com
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Legal Topics in the Works




Torts - Malicious Prosecution

Torts - Abuse of Process

Crown - Prosecutorial Discretion

Crown - Private Prosecutions

R v Anderson (SCC, 2014)

In this case, which examined the consideration to be given to the aboriginal status of a defendant in sentencing, the Supreme Court of Canada took the oppourtunity to expound on the range of judicial review available against the Crown, particularly with respect to prosecutorial discretion and abuse of process [paras 35-61]. It held that while all Crown decisions are reviewable for abuse of process, prosecutorial decisions are only reviewable for abuse of process. These passages are essential reading for anyone involved with these issues.
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