Whereas the criminal justice system is a foundation of Canadian society that plays an important part in maintaining a just, peaceful and safe society; And whereas in BC, police do not have authority to lay charges as in other provinces, and unlike other provinces, the BC Crown Counsel requires a substantial likelihood of conviction criteria for laying charges: Therefore be it resolved the provincial government drop the burden of proof criteria for Crown Counsel in the laying of criminal charges from a substantial likelihood of conviction, to a reasonable likelihood of conviction.
Ministry of Attorney General Attorney General as Chief Law Officer of the Crown The Attorney General superintends all matters connected with the administration of criminal justice in British Columba that are not within the jurisdiction of the federal government Attorney General Act, s.2c. Carrying out the Prosecution Function The Assistant Deputy Attorney General ADAG of the BC Prosecution Service BCPS has oversight for the overall administration of the prosecution function: approving and conducting all prosecutions in British Columbia that are not within the jurisdiction of the federal prosecution service, as well as appeals and ancillary proceedings arising out of these same prosecutions: Crown Counsel Act, s.2. Crown Counsel are appointed to represent the Attorney General before the courts on prosecution files. The Importance of Independence Prosecutorial independence ensures that a prosecutor can take the right decision in a case without fear or favour, without being subjected to improper pressure from another source, whether it be the media, politicians, the police, a victim seeking revenge or even a misguided public opinion James Hamilton, Prosecutorial Independence and Accountability, March 2011. The charge assessment function, and the policies that provide guidance in this regard, are exercises of prosecutorial discretion. Independence means that exercises of prosecutorial discretion are not subject to review by the courts or other external bodies, except in rare circumstances. Nor are prosecutorial authorities bound to provide reasons for their decisions, absent evidence of bad faith or improper motives Sriskandarajah v. United States of America, 2012 SCC 70, para.27 . BCPS Charge Assessment Charge Assessment guidelines CHA 1 applied by Crown Counsel in the exercise of their prosecutorial discretion when reviewing RCCs received are established in policy and are available at online at: www.gov.bc.cacharge-assessment-guidelines When police in BC conclude an investigation, they have the discretion to submit a Report to Crown Counsel RCC to the BCPS for a determination on whether its charge assessment standard is met. If charges are approved, a prosecution is initiated. In completing a charge assessment, Crown Counsel impartially assess the investigative file that is brought to them, carefully balancing all relevant factors in light of the available evidence, the governing Criminal Code provisions as informed by relevant case law, and their assessment of the public interest, as agents for the Attorney General of British Columbia. Crown Counsel are obliged to fairly, independently, and objectively examine the available evidence in each case in order to determine if there is a substantial likelihood of conviction. If so, then they must go on to determine whether the public interest requires a prosecution by considering the particular circumstances of each case and the legitimate concerns of the local community. The evidentiary standard of substantial likelihood of conviction is clarified in the wording of the policy itself; Subject only to the exception described below, the evidentiary test for charge approval is whether there is a substantial likelihood of conviction. The reference to likelihood requires, at a minimum, that a conviction according to law is more likely than an acquittal. In this context, substantial refers not only to the probability of conviction but also to the objective strength or solidity of the evidence. A substantial likelihood of conviction exists if Crown Counsel is satisfied there is a strong and solid case of substance to present to the court. .In exceptional circumstances, where the relevant public interest factors weigh so heavily in favour of a prosecution that it is necessary to resort to a lower charge assessment standard in order to maintain public confidence in the administration of criminal justice, a charge may still be approved even though the usual evidentiary test is not met. Under such circumstances, the minimum evidentiary standard, which continues to apply throughout the prosecution, is whether there is a reasonable prospect of conviction. CHA1 Application of this two-part test continues to apply throughout the prosecution and is the only determinant of whether a matter proceeds through to a trial. 2012 Charge Assessment Review In 2012, as part of a broader justice system review, Gary McCuaig QC was engaged by the Ministry of Attorney General to conduct an independent review of the way criminal charges are assessed and laid in BC. Mr. McCuaig consulted widely in the development of his recommendations, including with RCMP and municipal police agencies. His final report recommends that the standard of substantial likelihood of conviction be retained as part of the BCPS charge assessment regime; the McCuaig report is available online. The basic premises and underlying rationales for Mr. McCuaigs recommendations continue today and there is no principled reason for revisiting them. Hyperlink: report is available online https:www2.gov.bc.caassetsgovlaw-crime-and-justicecriminal-justiceprose…