Canada:
Kukemueller V Ontario (Community Safety And Correctional Services): Deciding A Moot Appeal To Clarify The Law
21 December 2016
Osler, Hoskin & Harcourt LLP
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In Kukemueller v Ontario (Community Safety and
Correctional Services), 2016 ONCA 451, the Court of Appeal
for Ontario provided brief reasons allowing an appeal even though
it had become moot. The Court stated that it was addressing the
merits of the appeal, "even though the action has been
discontinued, in order to clarify the law."
On the merits, the Court held that s. 8 of the Ministry of
the Attorney General Act gives individual Crown Attorneys
immunity from actions for damages alleging prosecutorial
misconduct, and that the motion judge relied on cases predating s.
8's enactment when coming to the opposite conclusion.
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