CROWN COUNSEL POLICY MANUAL

POLICY Generally, Branch policy does not permit a private prosecution to proceed. Crown Counsel will usually take conduct of the prosecution or direct a stay of proceedings after making a charge assessment decision. When Crown Counsel receives notice of a process hearing for a private prosecution under section 507.1(3) of the Criminal Code, Crown Counsel should consider the guidelines below on whether to attend the hearing in order to carry out the functions enumerated in that provision. It is the intent of Parliament that the justice system should not be burdened with vexatious litigation and that innocent persons should be protected from the stigma of having to appear in court wherever possible. The right of the Attorney General to appear at a process hearing for a private prosecution is an indication of the useful role that Crown Counsel can play in assisting the Court, as recognized by Parliament. Crown Counsel should generally appear at the hearing in order to hear the evidence of the informant. After hearing the evidence of the informant, if it appears to Crown Counsel that there is not a reasonable prospect that process will issue (i.e. there is not a prima facie case consisting of some evidence on all essential elements of the charge) and that the participation of Crown Counsel will assist the Court in determining that issue, then Crown Counsel should participate in the hearing, which may include cross-examining the informant and any witnesses called by the informant, calling witnesses, presenting evidence and making submissions, as appropriate. Also, in the situation described above, where it appears to Crown Counsel that all of the relevant evidence is not before the Court, consideration should be given to seeking an adjournment of the hearing in order to have a police investigation conducted in order to identify additional evidence and bring it before the Court