These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected activities.
In Fleming v. Ontario (2019), the Supreme Court of Canada addressed the issue of preventive arrests in the context of lawful conduct.
[1] Canadian courts recognize the abuse of process doctrine, which addresses prosecutorial misconduct, including retaliatory prosecutions.
If law enforcement actions are deemed abusive or conducted in bad faith, courts can stay proceedings to prevent misuse of the judicial process.
However, establishing a claim of retaliatory arrest or prosecution requires demonstrating a causal link between the protected activity and the adverse governmental action.