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Released on February 7, 2008
The Supreme Court of Canada has granted Crown prosecutor Matthew Miazga leave to appeal the decision of the Saskatchewan Court of Appeal that upheld the Court of Queen's Bench finding that Miazga had maliciously prosecuted members of the Klassen and Kvello families.
The Supreme Court did not grant leave to the Klassen and Kvello families in their application regarding the decision of the Court of Appeal to set aside the finding of malicious prosecution in the case of social worker Carol Bunko-Ruys.
The government has reviewed the case and supports Miazga's appeal to the Supreme Court because the judgment significantly changes the criteria for malicious prosecution lawsuits. If allowed to stand, the judgment may impair the Crown's ability to prosecute certain cases, including allegations of spousal abuse and child sexual assault.
"This is simply a case where we need clarity on the law, and the only way to obtain that is to support Mr. Miazga's appeal to the Supreme Court," Justice and Attorney General Minister Don Morgan said. "This in no way calls into question the innocence of the members of the Klassen and Kvello families. Despite this appeal, the families deserve to be treated fairly and the government will make a further payment to the Klassen and Kvello families."
In 2004, parties agreed on a settlement in the amount of $2.8 million in recognition of Justice Baynton's declaration the plaintiffs are innocent, and recognizing the pain and suffering and expense resulting from the prosecution and the civil action. To date, $2.4 million has been paid to the plaintiffs and $400,000 was held back contingent on the various appeals regarding Bunko-Ruys and Miazga.
The new government will pay the parties $300,000 of the remaining $400,000 at this time, with $100,000 being held until the resolution of the appeal to the Supreme Court.
"We want to go as far as possible to making full payment to members of the Klassen and Kvello families while continuing to support the appeal," Morgan said.
The Supreme Court has not yet set a date to hear the appeal.
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For more information, contact:
Candace Cook
Justice and Attorney General
Regina
Phone: 306-787-0775
Email: ccook@justice.gov.sk.ca
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