CROWN COUNSEL POLICY MANUAL

POLICY Regional or Deputy Regional Crown Counsel should be consulted on all charge assessment decisions on allegations of perjury. If it becomes apparent to Crown Counsel during the course of a criminal trial that a witness may have committed perjury, Regional or Deputy Regional Crown Counsel should be consulted prior to referring the matter to the police for their decision as to whether an investigation is warranted. If, in the course of a criminal trial or other proceeding, a Judge raises the issue of perjury with respect to a particular witness, the matter should be referred to Regional or Deputy Regional Crown Counsel as soon as possible. If an allegation of perjury arises in the context of a civil matter, the factors to be considered in deciding whether a prosecution is in the public interest include the following: • whether the outcome of the civil proceeding was materially affected by the alleged perjury • whether the civil proceeding has been completed and all avenues of appeal which would allow the allegation of perjury to be addressed within the confines of that litigation, have been explored • whether the complaint of perjury was made at the earliest reasonable opportunity and whether there is any suggestion of mala fides in the making of the complain