CROWN COUNSEL POLICY MANUAL

POLICY Reports to Crown Counsel on environmental offences and complicated or sensitive forestry related prosecutions under the Criminal Code should be forwarded for charge assessment to designated environmental Crown Counsel who have expertise in those matters. The procedure on page 2 should be followed. The Branch policy on charge assessment guidelines (CHA 1), rather than the policy on social regulatory – provincial statute offences (CHA 1.2), is to be applied to environmental offences. In applying the charge assessment standard, Crown Counsel should keep in mind the importance of both the general legislative scheme to protect the environment and the overarching principle of general deterrence. The public interest test for prosecution is generally met where one or more of the following factors apply: • other methods of enforcement have proven ineffective in relation to previous offences, or there is reason to believe that other enforcement methods will not be effective • the accused is a repeat offender • the action of the offender was wilful, or fell significantly below the standard of due diligence • there is more than minimal damage to the environment, or there is substantial potential for damage to the environment • there is a significant non-compliance with environmental legislation, regulations or standards • the lives or safety of persons were endangered • the public interest in the maintenance of environmental values otherwise requires a prosecutio