Under Canadian
criminal law, who brings criminal charges against another person?
In
Canada, a criminal act is seen as a crime against all of Canadian
society, since all people have an interest in seeing that the rule
of law is upheld. Therefore, an individual who has been the victim
of a crime does not have to handle the charge against the wrongdoer.
In
Canada, the state brings the charge. The state is represented by
a lawyer called a Crown prosecutor, usually employed
by the province. Although we usually see the Crown as presenting
the evidence against the accused, the Crown's role in the courts
is actually to bring all the facts of the case into evidence. That
is, the Crown's role as an agent of the state is to get to the truth
about the crime on behalf of society, not simply to prove one particular
person guilty.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
October
1996
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