Legal immunity refers to a legal principle that protects an individual or entity from being held legally liable for certain actions or decisions. This can take the form of immunity from prosecution or civil suits, or immunity from certain types of legal liability. There are different types of legal immunity, including sovereign immunity, which protects the government from legal action, and witness immunity, which protects witnesses in a criminal trial from prosecution for any crimes they may have committed that are related to their testimony.

How companies benefit from legal immunity

Pharmaceutical companies in Canada may benefit from legal immunity in a number of ways. One way is through the protection of intellectual property rights, which allows them to exclusively produce and sell certain drugs. Additionally, they may be protected from liability in the event that a medication they produce causes harm to a patient. This protection is typically provided through the regulatory approval process for new drugs, which is administered by Health Canada. This process is meant to ensure that drugs are safe and effective for use before they are made available to the public, and companies that follow the process are generally protected from legal action as a result of any harm caused by their products.

Who pays for prosecution in legal immunity

In the case of legal immunity, the individual or entity that is protected from prosecution or legal action is generally not responsible for paying for the prosecution. Instead, the cost of prosecution is typically borne by the government or the state. For example, in criminal cases, the prosecution is usually carried out by the state or federal government, and the cost of the prosecution is typically covered by taxpayers through government funding. In civil cases, the cost of prosecution is usually borne by the plaintiff, who is the party bringing the legal action. This includes the cost of hiring a lawyer, as well as any other expenses associated with the case, such as expert witnesses or court fees.

However, there are some exceptions to this. For example, if the individual or entity that is protected by immunity is a government official or employee, they may be indemnified by the government, which means that the government will pay for the cost of their defense if they are sued. Additionally, in some cases, the individual or entity that is protected by immunity may be required to pay damages or compensation to the victim, if applicable.

which companies have Legal immunity in canada

In Canada, certain types of companies may be eligible for legal immunity depending on the nature of their business and the laws and regulations that apply to them.

  • Pharmaceutical companies may be protected from liability in the event that a medication they produce causes harm to a patient, as long as they follow the regulatory approval process for new drugs administered by Health Canada.
  • Companies that operate in certain regulated industries, such as telecommunications or transportation, may be granted immunity from certain types of legal action as a way to encourage competition and protect the public interest.
  • Some companies may also be protected by statutory immunity, which is immunity granted by laws or regulations. For example, certain types of professionals, such as doctors or lawyers, may have statutory immunity for certain types of malpractice.

However, it’s important to note that even with these protections, companies can still be held liable if they are found to have acted in a negligent or illegal manner.

It’s also important to point out that these are general examples and the immunity may vary depending on the specific context and laws. It’s always recommended to consult with a legal expert for specific cases.

This mostly came to light during COVID-19 pandemic, where drug companies forced goverments to accept contracts to supply vacceines to their citizens only if this clause was accepted.  Let me know in comments who is correct, companies putting this clause or governments, accepting this clause.   Its a question of debate with no simple answer.  What would you had done, think from both sides:1) if you were a government looking for interest of your citizens or 2) Large corporation protecting themselves, business and profits.