Analysis of the Role and Conduct of Crown Prosecutors in Canada

This report delves into the multifaceted role of the Crown Prosecutor within the Canadian legal system. It examines the core duties, responsibilities, and ethical considerations that govern their conduct, emphasizing the importance of fairness, moderation, and dignity in presenting evidence. The r...Read More

Running Head: Law 1
Law

Law 2
Introduction:
Crown Prosecutor is the lawyer who is authorized to represent the Crown before al the Courts in
lieu of prosecution to offense. It must be noted that ideal prosecutor consider themselves as the
agent of the justice and they are also own various duties towards the society. In this report we
analyze the statement made by Justice Rand that main aim of Crown prosecutor is to present the
evidences in fair manner (Aberta, n.d.). This paper also compare two contradict views which
state that Crown prosecutor’s role “to prove the accused is guilty of the offence and main aim of
Crown prosecutor is to present the evidences in fair manner.
Role of Crown Prosecutor:
In Canada the prosecutor is known as Crown Attorney, and the main work of Crown Prosecutor
is to prosecute those charges which are criminal in nature and lay by the police officers. This
process is adversarial in nature. It must be noted that Crown Attorney is quasi-judicial officer,
which means it is the duty of Crown Attorney to act in fair manner. It is considered that it is not
possible for Crown to wins or loses the case, and he/she is only under obligation to prosecute
each and every charge and case that seems to be related to the conviction and such conviction
must be in the interest of the public. Crown prosecutor is also obliged to withdraw the case from
the prosecution when such prosecutor believes that case is not related to the conviction is present
in the case and such conviction is not in the public interest to proceed. Therefore, Crown
prosecutor must ensure the interest of the public.
Conduct of crown prosecutor while conducting criminal litigation is characterized through three
factors that are fairness, moderation, and dignity. This does not state the meaning that it is not
possible for counsel to conduct vigorous prosecutions. Important qualities of crown counsel are
vigorous and thoroughness.

Law 3
Supreme Court of Canada confirms that vigorous advocacy related to crown is considered as
critical element of the criminal law mechanism of the country. It must be noted that special
function is performed for the purpose of ensuring that justice is provided and it cannot play
adversarial role in lieu of defense.
Adversarial process is considered as very important part of the judicial system and it is
considered as an accepted tool for searching the truth. It is not possible to assume that crown
cannot act advocate in strong manner within this adversarial process. Therefore, it can be
considered that main obligation of crow prosecutor is to pursue the best legitimate result from
the best of his ability. This element is considered as critical element of criminal law mechanism.
After considering the above facts it is clear that crown must be allowed to perform that function
with which it had been entrusted that is discretion while pursuing the justice considered the most
important part of the function.
It is also clear that criminal litigation by crown prosecutor is not a personal contest of showing
skill and professional pre-eminence. On the other hand, it is the duty imposed on crown
prosecutor to ensure the justice and benefit of society from the conviction. While conducting the
criminal prosecutions, crown prosecutor has many duties (Grosman, 1970):
 Crown prosecutor is under obligation to comply with the applicable rule of ethics.
 Crown prosecutor is under to maintain the independence judicial.
 Crown is under obligation to be fair and also to obtain confidence of public in
prosecutorial fairness. For the purpose of maintaining the confidence of public in the
criminal justice administration, crown prosecutor must not act ony fairy but aso there

Law 4
conduct seen to be fair. In other words, one can act fairy but conduct of the person seems
secret, bias or unfair.
After considering the above facts, it can be said that it is not possible for Crown to wins or
loses the case, and he/she is only under obligation to prosecute each and every charge and
case that seems to be related to the conviction and such conviction must be in the public
interest Pubic Prosecution Services of Canada, 2014).
Conclusion:
It can be concluded that, Judge Rand makes correct statement that main aim of crown prosecutor
is to present the evidences fairy in the conviction, and not to prove the accused is guilty of the
offence. Prosecutor consider themselves as the agent of the justice and they are also own various
duties towards the society.
References:
R v Regan, 2002 SCC 12, [2002] 1 SCR 297 at paras 155-6.
Pubic Prosecution Services of Canada, (2014). Duties and Responsibilities of Crown Counsel.
Retrieved on 30th October 2017 from:
http://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p2/ch02.html.
Grosman, A. B. (1970). The Role of the Prosecutor in Canada. The American Journal of
Comparative Law, Vol. 18, No. 3, pp. 498-507.
Aberta. Prosecutors' roles and responsibilities. Retrieved on 30th October 2017 from:
https://justice.alberta.ca/programs_services/about_us/Pages/prosecutors_roles.aspx.