The Supreme Court has just released the judgment in Miazga v. Kvello Estate, 2009 SCC 51 [1], what would appear to be the final stop in a long and unhappy ride through both the criminal and civil legal systems in Saskatchewan. Essentially, several adults were prosecuted for, and convicted of, sexual assault against children based on what turned out to be false testimony. The adults brought suit for malicious prosecution against a number of people, including the Crown prosecutor, the appellant Miazga.
The Supreme Court overturned the judgment against Miazga, and in so doing set out what is required in an action for malicious prosecution against a public official for a criminal prosecution.
The judgment of the bench of seven was written by Charron J.