A Winnipeg man who spent 10 years behind bars before being acquitted of murder has been denied the right to sue the Manitoba government, the province's highest court ruled on Monday.
Court decision
The Manitoba Court of Appeal upheld a lower court decision that dismissed the man's lawsuit against the province, citing legal immunity for prosecutorial conduct. The man had sought damages for his decade-long incarceration, but the court found that the Crown's actions were protected under the principle of prosecutorial immunity.
Background of the case
The man was originally convicted of murder in 2012 and sentenced to life in prison. After serving 10 years, his conviction was overturned on appeal in 2022, and he was acquitted at a retrial. He then filed a lawsuit against the Manitoba government, alleging malicious prosecution and negligence.
In its ruling, the Court of Appeal stated that prosecutors are immune from civil liability for decisions made within the scope of their duties, even if those decisions later prove to be erroneous. The court emphasized that allowing such lawsuits would hinder the administration of justice.
Reaction from legal experts
Legal experts have expressed mixed reactions to the ruling. Some argue that it upholds important protections for prosecutors, while others contend that it leaves wrongfully imprisoned individuals without recourse. The man's lawyer indicated that they are considering an appeal to the Supreme Court of Canada.
The case has drawn attention to the challenges faced by individuals who are wrongfully convicted and the limitations of legal remedies available to them.
