PRIVATE PROSECUTION

At common law the Attorney General could intervene in private prosecutions and either conduct the prosecution or enter a nolle prosequi (the traditional power of the Attorney General to stop proceedings).

Under section 5 of the Department of Justice Act, the Attorney General of Canada is "entrusted with the powers and charged with the duties that belong to the Office of the Attorney General of England by law or usage, insofar as those powers and duties are applicable to Canada".

[There is absolutely no such thing as a "common law" right of an "Attorney General" to stop a proceeding at their whim. Our common law has always been based on Rule of Law, and the equality of ALL under the law.

The Criminal Code provides that the Attorney General of Canada and Attorneys General of the provinces share responsibility for conducting prosecutions.

However, several Supreme Court of Canada decisions have made it clear that the authority of provincial Attorneys General to prosecute under federal statutes, including the Criminal Code, is given by the Code.

Their authority does not flow from any constitutional principle based on subsection 92(14)14 or from some historic role15.

The provincial prosecutorial role is assigned through legislation by Parliament, not constitutionally entrenched.

Should Private Prosecutions be taken over by the Attorney General, when the Government Lawyers have proven themselves to be incapable of doing justice for their community, their state and ultimately their country?

The answer is no.

If process is issued by the Judge who hears and sees evidence of criminal wrongdoing, it should be the duty and obligation of the Attorney General to see that jsutice is done by authorizing the release of the truth.

It is said that the Federal and Provincial Attorney General took over private prosecutions for fear that the Government, those holding position of trust, including police officers, ministers, lawyers, judges, would themselves be prosecuted to the full extent of the law.

Coming up on J4Y will be the exposure of the Regional Crown Counsel in British Columbia, who has a serious pattern of staying proceedings of private prosecutions on matters of public interest.

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