How does the Charter affect the role of the Crown prosecutor
in criminal prosecutions?
One
of the most important protections that an accused person (and society
in general) has in Canada is given by the Charter. This
is the right to full disclosure by the Crown of all the evidence
that the Crown prosecutor has. The Crown prosecutor has a special
obligation within the Canadian justice system to see that the accused
is treated fairly. The Supreme Court of Canada has said,
"The
fruits of the investigation which are in the possession of the
counsel for the crown are not the property of the crown for use
in securing a conviction but the property of the public to be
used to ensure that justice is done".
Disclosure
of all relevant evidence is necessary so that the accused can make
a full answer and defence to the charges.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
December
1996
|