Malicious Prosecution
A malicious prosecution occurs when a police officer or other government official causes criminal charges to be filed against a person when the official knows reasonable and probable cause is lacking and the charges are filed because of malice, personal animosity, bias, or some other reason outside the interests of justice. Malice in the form of improper purpose is the key to proving malicious prosecution. In such cases, the victim’s Charter “right to life, liberty and security of the person” has been violated.
Prosecutorial Misconduct
Prosecutorial misconduct happens when in the course of their official duties a prosecutor violates a law or code of professional conduct. This can range from a decision to withhold exculpatory evidence from the defence to discriminating based on race when picking a jury. Victims of the misconduct can seek a new trial, to overturn convictions, a stay of proceedings, a Charter remedy, damages or other compensation.