The Role of Crown Counsel in the Administration of Justice

Just as it was necessary to express criticism of police officers, I must be critical of some of the actions and omissions of Crown Counsel. The criticism is limited to this case and must not be taken as a general criticism of their work or the work of any particular Crown Attorney.

The role of Crown Counsel is of great importance to the administration of justice and to the welfare of the community. The Crown prosecutor must proceed with the case against the accused fairly and courageously. Prosecutions must proceed even in the face of threats and attempts at intimidation. These insidious threats can on occasion extend to family members. Despite these threats and the danger in which the Crown and at times the family of the Crown are placed, charges must still be vigorously prosecuted. They must be brought to trial and prosecuted with diligence, dispatch and fairness. Crown Counsel are often overworked and paid less than their contemporaries who are in private practice. Nonetheless, they must be industrious to ensure that all the arduous preparation required for each trial or appeal has been completed before the matter comes to court. Crown Counsel must be of absolute integrity and above all suspicion of favouritism or unfair compromise.

Crown Counsel must be a symbol of fairness, prompt to make all reasonable disclosure. As well, they must be scrupulous in the attention given to the welfare and safety of witnesses. They enjoy the respect of all the members of the judiciary. Much is expected of Crown Counsel by society, their community and by the judiciary. The community looks upon the Crown prosecutor as a symbol of fairness, of authority and as a spokesman for the community.

As a rule, Crown Counsel attain and maintain a very high level of professional excellence and fairness. They fulfil all of society's high expectations. It is truly a high office, honoured by the bench, the bar and the community. They should always have, not only the respect of the public and the legal community, but the resources to handle their ever increasing caseloads and the financial compensation that their important office deserves.

I have no doubt that all Crown Counsel involved in this Inquiry strove to maintain the highest possible standards. They, like so many Crown Counsel, had a very heavy workload. When criticism is made of any of their actions or omissions, it must be remembered that it arises in the particular circumstances of this case. It is against this background of understanding and respect that I have considered their acts and omissions. I have sought to ensure that their actions are only viewed in the light of the practice and standards of 1982.

 

 

Disclaimer and Copyright