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In this episode, Mike looks at Klassen v. British Columbia (Minister of Public Safety and Solicitor General), 2021 BCCA 294, leave to appeal ref’d 2022 CanLII 1932 (SCC), a civil case involving two people acquitted in a criminal trial of assaulting a peace officer who then sued the officer and the Province for damages alleging wrongful arrest and Charter breaches. Does the doctrine of issue estoppel prevent the officer from asserting the arrest he made was lawful, despite a contrary finding by the judge in the criminal trial? And how does Crown's role at the criminal trial play in all of this?
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