Who Is a Crown Prosecutor?
A Crown Prosecutor (also known as Crown counsel or Crown attorney) is a lawyer employed by the government to prosecute criminal cases under Canadian law. In other words, this is the government’s lawyer in a criminal trial, responsible for presenting evidence against individuals accused of crimes.
Crown prosecutors in Canada represent “the Crown,” meaning the state, in criminal proceedings. They are public prosecutors tasked with upholding justice and enforcing the law on behalf of society.
Crown prosecutors are not private lawyers; they work for the Ministry of the Attorney General at the provincial level or for the federal Public Prosecution Service of Canada (PPSC) at the federal level.
Their primary duty is to represent the interests of the public (“the Crown”) in court and ensure that justice is served in accordance with the law. Importantly, they do not represent the police, the victim, or the accused – their client is the state and the broader public interest.
Federal vs. Provincial Crown Prosecutors
In Canada’s justice system, both provincial and federal governments employ Crown prosecutors, and each has its own area of authority:
- Provincial Crown Prosecutors:
Most criminal prosecutions (for crimes under the Criminal Code and provincial statutes) are handled by Crown prosecutors employed by the provinces. These are often called Crown Attorneys or Crown Counsel, depending on the province. They work under the authority of the provincial Attorney General. For example, in Alberta, the provincial government employs the majority of Crown prosecutors, while the federal government employs the rest. Each province has a prosecution service (often organized by region or district) that is responsible for prosecuting crimes that occur in that province.
- Federal Crown Prosecutors:
The federal government, through the PPSC, employs Crown prosecutors for specific federal offences and in certain jurisdictions. Federal Crown counsel handle crimes under federal statutes that are not part of the Criminal Code (such as drug trafficking offences under the Controlled Drugs and Substances Act, income tax evasion charges, etc.) and they prosecute cases in the territories and other federal jurisdictions. In practice, this means that if a crime falls under federal law (or occurs in a territory), a federal Crown prosecutor will take charge; otherwise, a provincial Crown will handle it. Both provincial and federal Crown prosecutors are considered “Crown” because they represent the Crown’s interest in justice.
Importance of Crown Prosecutors in the Justice System
Crown prosecutors are a pillar of the Canadian criminal justice system. They ensure that when crimes are committed, there is someone to present the case on behalf of society, seeking to hold offenders accountable in a fair process. This role carries significant responsibility. The decisions a Crown makes – whether to charge someone, what charges to proceed with, whether to accept a plea deal, how to conduct the trial – all have profound impacts on the lives of the accused, the victims, and the community at large.
For instance, a decision to prosecute affects an accused person’s life significantly, while a decision not to prosecute can affect public confidence in justice. Therefore, Crown prosecutors must use their authority wisely and ethically.
By upholding the rule of law, Crown prosecutors help maintain social order. They operate on the principle that no one is above the law and that every accused deserves a fair trial. In doing so, they protect the rights of the public, victims, and accused persons alike. Their work also reassures the public that criminal behavior will face legal consequences, which is essential for deterrence and public safety.
What Crown Prosecutors Do Not Do
- They are not personal attorneys for crime victims, even though they work closely with victims.
- They are not judge and jury – they cannot determine guilt on their own, only present evidence.
- And they are not infallible; their decisions can be reviewed by courts (through judicial review or appeals) and by superiors.
Roles and Responsibilities of Crown Prosecutors
Crown prosecutors have a crucial role at every stage of a criminal case, from the moment charges are considered through to trial and beyond. Their responsibilities include:
- Reviewing Charges and Evidence:
Crown prosecutors do not investigate crimes themselves – investigation is done by police and other law enforcement agencies. Once police lay a charge or recommend charges, the Crown prosecutor reviews the police reports and evidence to decide whether the case should proceed. This decision is guided by a two-part test used across Canada:
- Is there sufficient evidence and a reasonable prospect of obtaining a conviction?
- Is prosecution in the public interest?
If there is not enough evidence to meet the first part, or if pursuing the case wouldn’t serve the public interest, the Crown must decline or discontinue the prosecution.
In fact, Crown prosecutors have an obligation to withdraw charges or stay the proceedings if the evidence is inadequate or the prosecution no longer meets the public interest criteria. This ensures that people are not put through trials without a sound basis.
- Deciding to Prosecute:
If the charges pass the above test, the Crown prosecutor formally takes on the case. They will determine what charges are appropriate (they can sometimes adjust or drop certain charges based on the evidence) and prepare the case for court.
In provinces like British Columbia, for example, prosecutors (Crown counsel) actually approve charges before they are laid, applying the “substantial likelihood of conviction and public interest” test. In other jurisdictions, police lay charges and then Crown reviews them, but the principle is the same: no case moves forward without the Crown ensuring it meets the threshold for prosecution.
- Disclosure of Evidence:
One of the key responsibilities of a Crown prosecutor is to disclose all relevant evidence to the defense in a timely manner. Crown prosecutors must provide the defence with any information or evidence that is relevant to the case, even if it might weaken the Crown’s position. This is part of the Crown’s ethical duty to ensure a fair trial.
Unlike an ordinary adversarial lawyer, a prosecutor cannot hide evidence that might help the accused; they are bound by law to share it (except privileged information) so that the trial process is fair and the accused knows the case against them.
- Conducting the Prosecution in Court:
In court, the Crown prosecutor’s job is to present the case against the accused. They are responsible for calling witnesses to testify, presenting physical evidence, and making arguments to prove the charges beyond a reasonable doubt. They will give an opening statement outlining the case, question (examine) witnesses, cross-examine any witnesses the defence brings (if needed), and make closing arguments summarizing the evidence and how it meets the legal standard for conviction.
Throughout the trial, the Crown must behave as a “Minister of Justice” – their role is not simply to win, but to help the court arrive at the truth.
The Supreme Court of Canada famously stated that “the purpose of a criminal prosecution is not to obtain a conviction, it is to lay before a jury what the Crown considers to be credible evidence… The role of the prosecutor excludes any notion of winning or losing”.
In other words, the Crown’s goal is justice, not a win-loss record. Crown prosecutors represent the public interest and must conduct themselves impartially and fairly at all times. They will press strong evidence firmly, but also concede or be candid about weak points in the case – all in the interest of a fair process.
- Plea Discussions and Resolutions:
Not every case goes to a full trial. Crown prosecutors often engage in plea bargaining or resolution discussions with defence counsel as part of their role. This could involve the accused agreeing to plead guilty to certain charges in exchange for a lighter sentence or dropping of other charges. Any plea deal a Crown agrees to must still serve the public interest and be an appropriate resolution of the case.
For example, a prosecutor might agree to a lesser charge if the evidence for the more serious charge is borderline, or recommend a specific sentence to expedite justice. These discussions are a normal part of the system and can help resolve cases efficiently while still ensuring accountability.
- Recommending Sentences:
If an accused person is found guilty or pleads guilty, the Crown prosecutor plays a role in the sentencing phase. The Crown will typically provide the court with a sentencing recommendation – a proposal for what they believe is a fair and appropriate sentence given the circumstances, the seriousness of the offence, and any aggravating or mitigating factors.
For instance, the Crown might argue that a repeat offender deserves a stricter penalty, or that a first-time offender could be dealt with by a fine or community service
The Crown’s recommendation is guided by precedent and sentencing guidelines to ensure it’s within a proper range. However, it is ultimately the judge who decides the sentence, not the Crown. The judge will consider the Crown’s submissions as well as the defence’s submissions before deciding. In all cases, the Crown must seek a sentence that is just – not excessively harsh or too lenient – and that protects the public interest.
- Appeals:
The Crown prosecutor’s responsibilities may continue even after a trial is over. Crown prosecutors handle appeals on behalf of the state when necessary. If a convicted offender appeals their conviction or sentence, Crown appellate lawyers will argue before the appeals court to uphold the conviction or sentence.
Conversely, Crown prosecutors can also initiate an appeal (with proper approvals) if, for example, they believe a sentence was unfit (too lenient for the crime) or there was an error in law that led to an acquittal. In an appeal, the Crown’s role is to present legal arguments and point to trial evidence or rulings in question, again with the goal of ensuring the law was applied correctly and justice is done. Appeals are argued in higher courts such as provincial Courts of Appeal or even the Supreme Court of Canada, and they often focus on points of law rather than rehashing all the facts of the case.
Throughout all these stages, a Crown prosecutor must balance vigorous prosecution of criminal offenses with their overarching duty to be fair and objective. They have considerable discretion – for example, whether to offer a plea deal, whether to proceed with each charge, what sentence to advocate for – but they must exercise that discretion in the public interest and with sound judgment.
Ethics and Fairness in Prosecution
Because of their unique role, Crown prosecutors in Canada are held to high ethical standards. They are sometimes called “quasi-judicial” officers, meaning that while they are advocates, they must also uphold justice in a way similar to a judge’s impartiality.
Key ethical principles Crown prosecutors follow:
- No “winning at all costs”,
- public interest first,
- impartiality and objectivity,
- respecting rights,
- independence,
- accountability.