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 Creating a Director of Public Prosecutions
The context
It is important for transparency and for the integrity of the federal justice system that prosecutions under federal law operate independently of the Attorney General of Canada and
of the political process. Crown counsel within the Federal Prosecution Service of the Department of Justice and legal agents currently prosecute federal offences throughout Canada,
and provide legal advice to investigative agencies and government departments in matters of criminal law.
What this means for Canadians
The new federal Office of the Director of Public Prosecutions model reflects the best features of similar offices that currently exist in three Canadian provinces (British
Columbia, Nova Scotia, and Quebec) and in several countries around the world, including the United Kingdom, Australia, and Ireland. The Office of the Director of Public
Prosecutions will have independence to pursue prosecutions under federal law and will report to Canadians on its performance.
The Action Plan
The Federal Accountability Act will:
- create the Office of the Director of Public Prosecutions to reside outside the Department of Justice (the Director will be selected in a manner similar to that used to make
the most recent appointment to the Supreme Court of Canada);
- give the Director of Public Prosecutions jurisdiction to conduct prosecutions for offences under federal jurisdiction, including new fraud provisions proposed under amendments
to the Financial Administration Act;
- give the Director the power to make binding and final decisions on whether to prosecute, unless the Attorney General instructs the Director to do otherwise by means of public
written notice; and
- require that the Director submit an annual report to the Attorney General for tabling in Parliament.
In addition, through the Office of the Director of Public Prosecutions, the Government will review lessons learned and best practices for prosecuting cases of fraud involving
governments, in collaboration with other jurisdictions in Canada and international partners.
For more information
For more information on this specific measure, please refer to the relevant section of the Action Plan, or contact us. |
