DOCSLIB.ORG

Victims' Opportunities to Review a Decision Not to Prosecute Made By

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Victims' Opportunities to Review a Decision Not to Prosecute Made By Western University Scholarship@Western Electronic Thesis and Dissertation Repository 12-2-2013 12:00 AM Victims’ Opportunities to Review a Decision not to Prosecute made by the Crown Prosecutor Li Tian The University of Western Ontario Supervisor Christopher Sherrin The University of Western Ontario Graduate Program in Law A thesis submitted in partial fulfillment of the equirr ements for the degree in Master of Laws © Li Tian 2013 Follow this and additional works at: https://ir.lib.uwo.ca/etd Part of the Administrative Law Commons, and the Criminal Procedure Commons Recommended Citation Tian, Li, "Victims’ Opportunities to Review a Decision not to Prosecute made by the Crown Prosecutor" (2013). Electronic Thesis and Dissertation Repository. 1779. https://ir.lib.uwo.ca/etd/1779 This Dissertation/Thesis is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in Electronic Thesis and Dissertation Repository by an authorized administrator of Scholarship@Western. For more information, please contact [email protected]. Victims‘ Opportunities to Review a Decision not to Prosecute made by the Crown Prosecutor by Li, Tian Graduate Program in Law A thesis submitted in partial fulfillment of the requirements for the degree of Master in Law The School of Graduate and Postdoctoral Studies The University of Western Ontario London, Ontario, Canada © Tian Li 2014 Abstract In Canada, Crown prosecutors and the Attorney General are not always as fair as we expect when making charging decisions, and therefore victims could be personally aggrieved by unfair and unjust decisions not to prosecute. When this happens, victims have limited remedy to redress the unfairness and unjustness in order to uphold their interests in a criminal proceeding. Conversely, the European Union, United Kingdom, and the United State have taken steps to let victims challenge decisions not to prosecute to some extent. Drawing on experiences of the abovementioned jurisdictions, I propose a two-level process of review for decisions not to prosecute----Internal Review and Judicial Review----in Canada in order to provide victims a way to have problematic decisions reversed. This proposal can provide a direction or framework for future reform in this area in Canada. Keywords Victims Participation, Prosecutorial Discretion, Standards of Review, Decision not to Prosecute ii Acknowledgments It would not have been possible to write this thesis without the help and support of the kind people around me, to only some of whom it is possible to give particular mention here. Above all, I would like to thank my parents for their financial support. I would have not studied in Canada without their support. This thesis would not have been possible without the help, support and patience of my supervisor, Professor Sherrin, not to mention his advice and unsurpassed knowledge of Canadian legal system. With regards to my thesis editing, I would like to acknowledge the support and assistance of the writing centre of the University of Western Ontario. I also thank my colleagues, David Seccareccia and Conrad Robinson, for they editing parts of my thesis. Above all, I would like to thank my landlord Veronica for her personal support. It was very kind of her to help me locate potential editors. The help from her son-in-law was invaluable to me. I am grateful to John Sadler for providing me with help in research. He helped my find many cases that I could not find by myself. I would like to thank Mary Morris for her kindness and support concerning the administrative process of the programme in Law faculty. For any errors or inadequacies that may remain in this work, of course, the responsibility is entirely my own. iii Table of Contents ABSTRACT ...................................................................................................................... II ACKNOWLEDGMENTS .............................................................................................. III TABLE OF CONTENTS ............................................................................................... IV CHAPTER I ...................................................................................................................... 1 1 INTRODUCTION ..................................................................................................... 1 1.1 USE OF THE TERM ―VICTIM‖ .................................................................................. 8 1.2 STRUCTURE OF THE THESIS .................................................................................. 10 CHAPTER II ................................................................................................................... 13 2 PROBLEMS IN THE CURRENT SYSTEM ........................................................ 13 2.1 CHARGING PROCESS AND CHARGING DECISION .................................................. 13 2.1.1 Discontinuance of the prosecution ................................................................. 16 2.2 CHARGING DECISION-MAKING IS SOMETIMES PROBLEMATIC ............................. 19 2.3 INSUFFICIENT REMEDIES AND RIGHTS .................................................................. 29 2.3.1 Information Receiver ...................................................................................... 29 2.3.2 Civil Proceedings............................................................................................ 33 2.3.3 Informal Complaint ........................................................................................ 37 2.3.4 Difficulties of Access to Current Judicial Review .......................................... 38 2.3.4.1 Judicial Reluctance to Interfere ............................................................... 40 2.3.4.2 High Standard of Review ........................................................................ 43 2.3.4.3 Lack of Supporting Documents and Jurisprudence ................................. 48 iv 2.3.4.4 Limited Ground to Review ...................................................................... 51 CHAPTER III ................................................................................................................. 54 3 VICTIMS SHOULD HAVE THE OPPORTUNITY TO CHALLENGE A DECISION NOT TO PROSECUTE ............................................................................. 54 3.1 VICTIMS‘ INTERESTS IN CRIMINAL PROCESS ARE AT STAKE ............................... 54 3.2 THE STATE SHOULD NOT IGNORE VICTIMS‘ INTERESTS IN CRIMINAL PROCEEDINGS 58 3.2.1 The Attorney General, Crown Prosecutors and Charging Guidelines .......... 62 3.2.1.1 Role of the Attorney General and the Crown prosecutors ...................... 62 3.2.1.2 Charging Guideline ................................................................................. 64 3.3 VICTIMS HAVE RIGHT TO EQUAL PROTECTION ..................................................... 69 3.4 VICTIMS CAN OBTAIN SATISFACTION AND CLOSURE ............................................ 71 3.4.1 Satisfaction ..................................................................................................... 71 3.4.2 Closure ............................................................................................................ 73 CHAPTER IV .................................................................................................................. 77 4 PRIVATE CHALLENGE OF THE DECISION NOT TO PROSECUTE IN OTHER JURISDICTIONS ............................................................................................ 77 4.1 EUROPEAN PROTECTION ...................................................................................... 77 4.2 REGIONAL PROTECTION ...................................................................................... 77 4.2.1 Practice in Civil Law Countries ..................................................................... 81 4.3 UNITED KINGDOM (UK) ...................................................................................... 83 4.3.1 Internal Review ............................................................................................... 84 v 4.3.2 Judicial Review ............................................................................................... 87 4.3.2.1 Standard of Review ................................................................................. 88 4.3.2.1.1 Error in Law ......................................................................................... 92 4.3.2.1.2 Evidential Insufficiency ....................................................................... 95 4.3.2.1.3 Procedural Fairness .............................................................................. 99 4.3.2.2 Relief sought ......................................................................................... 100 4.4 AMERICAN EXPERIENCE .................................................................................... 103 4.4.1 Compelling a prosecution ............................................................................. 106 4.4.2 Disapproval of private prosecution .............................................................. 111 4.4.2.1 Legal Considerations ............................................................................. 111 4.4.2.1.1 Evidential Insufficiency ..................................................................... 111 4.4.2.1.2 Decision made based on error of law ................................................ 114 4.4.2.2 Public policy .........................................................................................
Load more

Recommended publications
  • Early Case Consideration of the Steering Committee on Justice Efficiencies and Access to the Justice System
    ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. THE FINAL REPORT ON EARLY CASE CONSIDERATION OF THE STEERING COMMITTEE ON JUSTICE EFFICIENCIES AND ACCESS TO THE JUSTICE SYSTEM Background The objective of a criminal court system is the just and timely determination of every case that comes before it. However, the Canadian justice system is taking longer to resolve adult criminal cases.
    [Show full text]
  • Crown's Newsletter
    VOLUME TEN CROWN’S DECEMBER 2019 NEWSLETTER 2019 CanLIIDocs 3798 THE UNREPRESENTED ACCUSED: Craig A. Brannagan 3 UNDERSTANDING EXPLOITATION: Veronica Puls & Paul A. Renwick 15 THE NEW STATUTORY READBACK: Davin M. Garg 22 A HANDFUL OF BULLETS: Vincent Paris 26 SECONDARY SOURCE REVIEW: David Boulet 37 TRITE BITES FIREARM BAIL HEARINGS: Simon Heeney & Tanya Kranjc 65 REVOKING SUSPENDED SENTENCES: Jennifer Ferguson 69 2019 CanLIIDocs 3798 Crown’s Newsletter Please direct all communications to the Editor-in-Chief at: Volume Ten December 2019 [email protected] © 2019 Ontario Crown The editorial board invites submissions for Attorneys’ Association publication on any topic of legal interest in Any reproduction, posting, repub- the next edition of the Crown’s Newsletter. lication, or communication of this newsletter or any of its contents, in Submissions have no length restrictions whole or in part, electronically or in 2019 CanLIIDocs 3798 print, is prohibited without express but must be sent in electronic form to the permission of the Editorial Board. Editor-in-Chief by March 31, 2020 to be considered for the next issue. For other submission requirements, contact the Editor- in-Chief. Cover Photo: © 2019 Crown Newsletter Editor-in-Chief James Palangio Editorial Board Ontario Crown Attorneys Association Jennifer Ferguson Suite 2100, Box #30 Lisa Joyal 180 Dundas Street West Rosemarie Juginovic Toronto, Ontario M5G 1Z8 Copy Editor Ph: (416) 977-4517 / Fax: (416) 977-1460 Matthew Shumka Editorial Support Allison Urbshas 1 FROM THE EDITORIAL BOARD James Palangio, editor-in-chief Jennifer Ferguson, Lisa Joyal & Rosemarie Juginovic The Crown Newsletter would like to acknowledge the contribution to this publication of David Boulet, Crown Attorney, Lindsay, for his years of support and contributions in providing a comprehensive review of secondary source materials.
    [Show full text]
  • The Administration of Criminal Justice in Canada William B
    Journal of Criminal Law and Criminology Volume 43 | Issue 1 Article 1 1952 The Administration of Criminal Justice in Canada William B. Common Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation William B. Common, The Administration of Criminal Justice in Canada, 43 J. Crim. L. Criminology & Police Sci. 2 (1952-1953) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THE ADMINISTRATION OF CRIMINAL JUSTICE IN CANADA William B. Common William B. Common, Q.C. is Director of Public Prosecutions for the Province of Ontario, Dominion of Canada. He has been associated with the Department of the Attorney General for twenty-five years and during that time has been actively en- gaged in prosecution at trial and in the Court of Appeal on many important criminal cases in the Dominion of Canada. He is considered an outstanding author- ity on the administration of criminal law in the Dominion of Canada and has lectured on specialized related subjects and contributed several articles to legal journals. Mr. Common is a graduate of the University of Toronto and Osgoode Hall Law School in the year 1923. For the past twelve years his activities have been confined exclusively to appellate work.-EDITOR. Much flattering comment has been made at different times respecting the Administration of Justice by the Canadian Government, particularly with regard to the speed with which criminal cases are handled.
    [Show full text]
  • Role of the Crown Preamble to the Crown Policy Manual
    Role of the Crown Preamble to the Crown Policy Manual Crown counsel play a pivotal role in the administration of criminal justice. In many respects, the role of the Crown is a cornerstone of the criminal justice system. The Crown Policy Manual facilitates and enhances the performance of that role by communicating the Attorney General’s guidance, in important areas of Crown practice and discretion, to Crown counsel. These policies are accessible to the public on the Attorney General’s website, thus enhancing public confidence in the operation of the criminal justice system. Public confidence in the administration of criminal justice is bolstered by a system where Crown counsel are not only strong and effective advocates for the prosecution, but also Ministers of Justice with a duty to ensure that the criminal justice system operates fairly to all: the accused, victims of crime, and the public. The role of Crown counsel has been described on many occasions.1 The following observations from the Supreme Court of Canada provide a summary of our complex function within the criminal justice system: “It cannot be overemphasized that the purpose of a criminal prosecution is not to obtain a conviction; it is to lay before a jury what the Crown considers to be credible evidence relevant to what is alleged to be a crime. Counsel have a duty to see that all available legal proof of the facts is presented; it should be done firmly and pressed to its legitimate strength, but it must also be done fairly. The role of prosecutor excludes any notion of winning or losing; his function is a matter of public duty than which in civil life there can be none charged with greater responsibility.
    [Show full text]
  • Corruption in Canada: Myth Or Reality
    IV LATIN AMERICAN REGIONAL CONFERENCE OF INTERNATIONAL ASSOCIATION OF PROSECUTORS Fortaleza/CE – Brazil – March 23rd – 25th 2011 “THE ROLE OF PROSECUTOR IN COMBATING CORRUPTION” Corruption in Canada: myth or reality By Claude Girard, m.b.a. Procureur aux poursuites criminelles et pénales du Québec (Quebec Crown Prosecutor) Past president, Canadian Association of Crown Counsel (CACC) Corruption in Canada: myth or reality I) Canada in facts: -It is a democratic country which counts only 34 M peoples (vs. 190 M). We share our frontiers in the South and the North, with the USA. We are also boarded by three oceans, the Atlantic on the East coast, the Pacific on the West coast and the Artic in the North. -It represents the 2nd largest country in the world with 9,984,670 sq. km compare to Brazil which is the 5th largest country with 8, 514, 877 sq. km. -Our country has 2 official languages which are English and French. More than 62 % of the population is English speaking mostly concentrated in 9 provinces and territories and 23 % French speaking mainly concentrated in the province of Quebec. Other languages are also spoken such as Chinese, which counts large communities in Toronto and Vancouver, and we count also more than 400,000 Portuguese, 325, 000 Spanish speaking people, most of them mostly concentrated in Toronto, Vancouver but also in Montreal areas. These statistics don't take into account that many of our citizens learn and use Spanish as a third language. II) Canadian government: a) Kind of political system Canada is a federal parliamentary democracy - (a union of several provinces with a central government), and a constitutional monarchy ( vs.
    [Show full text]
  • Prosecutors and Their Agents, Agents and Their Prosecutors
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2003 Prosecutors and Their Agents, Agents and Their Prosecutors Daniel C. Richman Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Administrative Law Commons, Criminal Procedure Commons, and the Law Enforcement and Corrections Commons Recommended Citation Daniel C. Richman, Prosecutors and Their Agents, Agents and Their Prosecutors, 103 COLUM. L. REV. 749 (2003). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2490 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. COLUMBIA LAW REVIEW VOL. 103 MAY 2003 NO. 4 ARTICLES PROSECUTORS AND THEIR AGENTS, AGENTS AND THEIR PROSECUTORS Daniel Richman * This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynam- ics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchicaland coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as mem- bers of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered orfrustrated with various proce- dural and structural changes. TABLE OF CONTENTS INTRODUCTION .. .................................................. 750 I. CONSTITUENT ASPECTS OF NEGOTIATION ................... 755 A. Prosecutorial Gatekeeping Monopoly ................. 758 B. Agency Control over Investigative Resources, Tactics, and Agenda ........................................ 767 C. Prosecutorial Controls over Investigatory Tactics .....
    [Show full text]
  • Between: Attorney General Of
    SCC File No.:* IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: ATTORNEY GENERAL OF ONTARIO Applicant (Appellant) -and- JAMIE CLARK, DONALD BELANGER and STEVEN WATTS Respondents (Respondents) MEMORANDUM OF ARGUMENT OF THE APPLICANT, ATTORNEY GENERAL OF ONTARIO (Pursuant to Rule 25 of the Rules of the Supreme Court of Canada, S.O.R./2002-156) Attorney General for Ontario Borden Ladner Gervais LLP Crown Law Office - Civil World Exchange Plaza 720 Bay Street, 8th Floor 1300 –100 Queen Street Toronto, ON M7A 2S9 Ottawa, ON K1P 1J9 Sunil S. Mathai Karen Perron Ananthan Sinnadurai Tel: 416.326.4148 Tel: 613.369.4795 Fax: 416.326.4656 Fax: 613.230.8842 Email: [email protected] Email: [email protected] [email protected] Counsel for the Applicant, Ottawa Agent for the Applicant, Attorney General of Ontario Attorney General of Ontario ORIGINAL TO: The Registrar Supreme Court of Canada 301 Wellington Street Ottawa, ON K1A 0J1 COPY TO: Brauti Thorning LLP Supreme Advocacy LLP 161 Bay Street, Suite 2900, 340 Gilmour Street Toronto, ON M5J 2S1 Ottawa, ON K2P 0R3 Lorne Honickman Eugene Meehan Michael Lacy Marie-France Major Tel.: 416.360.2786 Tel: 613.695.8855 Fax: 416.362.8410 Fax: 613.695.8580 Email: [email protected] Email: [email protected] [email protected] [email protected] Counsel for the Respondents, Ottawa Agent for the Respondents, Jamie Clark, Donald Belanger and Steven Jamie Clark, Donald Belanger and Steven Watts Watts INDEX PART I: OVERVIEW AND STATEMENT OF FACTS .......................................................... 1 A. Overview .........................................................................................................................
    [Show full text]
  • Extracting a Coherent Principle from the Jurisprudence Surrounding Solicitor Client Privilege Between the Police and the Crown
    THE ACCIDENT AL CONSISTENCY 825 THE ACCIDENTAL CONSISTENCY: EXTRACTING A COHERENT PRINCIPLE FROM THE JURISPRUDENCE SURROUNDING SOLICITOR CLIENT PRIVILEGE BETWEEN THE POLICE AND THE CROWN MARC S. GORBET' The development of a clear and consistent approach Le developpement d 'une demarche claire et coherente to solicitor client privilege between the police and the a / 'egard du secret pro.fessionnel liant / 'avocat ason Crown has met with significant d/[ficu/ty. The author client qui existe en/re la police et la Couronne a argues, however, that despite a lack of apparent rencontre de considerables difficultes. L 'auteur clarity in both jurisprudence and legislation, a closer pretend cependant que malgre le manque apparent de examination reveals that a type of ..accidental clarte dans la jurisprudence et la legislation, 1111 consistency·· has developed, whereby the police can examen plus appro.fondi revele qu 'un genre de maintain privileged communication with Crown « coherence accidentelle » s 'est developpee, en ce counsel, provided they remain at arms length from sens que la police conserve des communications actual prosecution in an advisory capacity only. The privilegiees avec I 'avocat de la Couronne dans la author then calls/or this ..accidental consistency·· to mesure oit el/e demeure autonome de la poursuite et become more clearly codified in.futurejurisprudence agit seulement a titre consultatif L 'auteur suggi!re and argues that the optimum model to ensure the ensuite que celle « coherence accidentelle » soil maintenance of privilege would be the use of codi.fiee plus clairement dans /es futures independent, in-house counsel by the police. jurisprudences et fail remarquer que le modele optimal de maintien de ce privilege serait le recours, par la police.
    [Show full text]
  • Alberta Office of the Information and Privacy
    ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F2016-31 July 28, 2016 ALBERTA JUSTICE AND SOLICITOR GENERAL Case File Number F7317 Office URL: www.oipc.ab.ca Summary: An individual made a request to Alberta Justice and Solicitor General (the Public Body) under the Freedom of Information and Protection of Privacy Act (FOIP Act) for access to all records relating to the investigation and prosecution of a complaint she had made against an individual, which ultimately resulted in his pleading guilty to a criminal offence. The Public Body located 769 pages of responsive records and 11 DVDs, but severed much of the information under sections 4 (records to which the FOIP Act does not apply), 17 (disclosure harmful to personal privacy), 20 (disclosure harmful to law enforcement), 21 (disclosure harmful to intergovernmental relations) and 27 (privileged information) of the Act. The Applicant requested an inquiry into the Public Body’s response. The inquiry was divided into two parts. This Order concludes the first part of the inquiry, which addresses the Public Body’s application of section 4(1)(a), its application of sections 17(1), 20(1)(g), 21(1)(b) and 27(1)(c) to three pages of records, as well as its claim of solicitor- client privilege. Part 2 of the inquiry will address the Public Body’s application of section 27(1) more broadly, as well as its application of sections 17(1), 20, and 21. The Adjudicator determined that some of the records at issue were excluded from the scope of the Act under section 4(1)(a).
    [Show full text]
  • ETHICAL OBLIGATIONS of the CROWN ATTORNEY- SOME GUIDING PRINCIPLES and THOUGHTS John D
    ETHICAL OBLIGATIONS OF THE CROWN ATTORNEY- SOME GUIDING PRINCIPLES AND THOUGHTS John D. Brooks* Introduction Recent jurisprudence and judicial inquiries have brought into sharp focus the position of the prosecutor who, in Canada, is commonly referred to as the Crown Attorney. The role of Crown Attorney in the criminal justice system is one of the most crucial, yet also one of the most misunderstood. The Crown Attorney shares certain common duties (to the state, the profession, and the Court) with defence counsel. However, the ethical obligations are much greater and more diverse. This paper will explore those responsibilities from a historical, academic, and practical perspective. Historical Background - The Crown Attorney and the Attorney General The prosecutor, by virtue of s. 2 of the Criminal Code, is first and foremost the Attorney General or “Counsel acting” for the Attorney General. Thus, counsel is representing the sovereign as agent for the Attorney General. When entering the criminal court, the Crown Attorney is a Minister of Justice and is therefore bound by all constitutional conventions associated with the office of the Attorney General. Historically, the primary responsibility of the Attorney General was to maintain the sovereign’s interest in the royal courts. Over time, this role expanded to general legal advisor to the government and, in many respects, to protector of the public interest. The Attorney General was, and still is, the principal law officer of the Crown and the head of the bar. By tradition, the office of the Attorney General carried much respect and trust. The office holder was to act with dispassion and fairness in the interest of the public and in the administration of justice.
    [Show full text]
  • Criminal Law and the Elderly: the Prosecution's Perspective in Ontario
    Criminal Law and the Elderly: The Prosecution’s Perspective in Ontario By: Lisa Jacek Counsel Criminal Law Policy Branch Ministry of the Attorney General I. Purpose The purpose of this paper is to outline policy development and implementation for the Criminal Law Division in Ontario. More specifically it will focus on policies pertaining to elder abuse that assist Crown counsel in their day-to-day practice. Finally, the paper will address best practices for Assistant Crown Attorneys in prosecuting elder abuse cases along with offering some practical suggestions as to how the practitioner can assist their own client in private practice if they believe a criminal offence has been committed. II. Criminal Law Division and the Crown Policy Manual The primary function of the Criminal Law Division is to represent the Crown in Ontario and to provide prosecutorial services for criminal offences and any other federal or provincial offences as may be required from time to time. In carrying out this function, the Crown prosecutor, by both common law and statutory authority, acts as the Attorney General’s agent and exercises the discretionary powers inherent in that role. The Criminal Law Policy Branch (herein referred to as the Branch) is part of the Criminal Law Division (CLD) in the Ministry of the Attorney General (MAG). As such, it is responsible for providing assistance and support, through the provision of legal, policy and strategic advice, as required. A primary function of the Branch is to provide policy, practical and legal advice to individual Crown prosecutors with regards to the day-to-day exercise of Crown discretion.
    [Show full text]
  • Community Justice Around the Globe Community Justice Community Justice Around the Globe: an International Overview by Robert V
    crime&justic e INTERNATIONALI N T E R N A T I O N A L July/August 2006 · Volume 22 · Number 93 WorldwideWorldwide NewsNews andand TrendsTrends Special Issue: Community Justice Around the Globe community justice Community Justice Around the Globe: An International Overview by Robert V. Wolf Special to CJI here are different ways to measure the success of a new across international boundaries. This paper does that by offering Tidea. One way is to measure how rapidly an idea catches on. a comparative look at countries outside the U.S. that are actively Another is to measure an idea’s staying power. Still a third is to exploring community courts and community prosecution. The measure how far the new concept travels. countries surveyed are South Africa and England, which have By all three measures, community justice—the idea that established community courts; Sweden, the Netherlands and the justice system should be more aggressive in engaging Manitoba, which have launched community prosecution pro- communities and more reflective grams; and Australia, British Columbia, about its impacts on neighbor- and Scotland, whose work in these hoods—has been highly successful. areas is still in the planning stages. Community justice has grown over the last 20 years from a handful of COMMON PROBLEMS, VARIED isolated experiments to a significant SOLUTIONS trend. The vast majority of jurisdic- Across the globe, many criminal tions that have adopted commu- justice practitioners are grappling with nity justice strategies appear to have similar problems: an
    [Show full text]