The Role of the Prosecution in Ontario's
Criminal Justice System

Introduction

The prosecution, represented by Crown attorneys in Canada, plays a critical role in the criminal justice system. Crown prosecutors act on behalf of the public interest, not individual victims or complainants, and are tasked with ensuring that justice is served fairly and impartially.

If you are facing criminal charges in Ontario, understanding the role of the prosecution can help you better navigate your case. At Guruveer Sangha Law, we ensure that our clients understand every aspect of their case, including the role of the Crown and how to effectively challenge the prosecution’s evidence.

For an overview of the entire Ontario criminal court process, visit our Ontario Criminal Court Process Page.

This guide provides an in-depth look at the responsibilities, powers, and decision-making processes of Crown prosecutors in Ontario.

Who Are Crown Prosecutors?

Crown prosecutors, also known as Crown attorneys, are lawyers appointed by the government to represent the Crown (the state) in criminal proceedings. They are employed by the Ministry of the Attorney General in Ontario and are responsible for:

• Reviewing and prosecuting criminal charges laid by police.
• Ensuring that the criminal justice system operates fairly.
• Acting independently of political influence or personal interest.

Crown attorneys are not legal representatives of the complainant or the police. Their primary duty is to seek justice in a manner that upholds the integrity of the legal system.

For additional details on how criminal cases proceed in court, explore our Ontario Criminal Court Process Page.

The Role and Duties of the Crown Attorney

1. Prosecutorial Independence

Crown attorneys operate independently of the police and government influence. While police lay charges, it is up to the Crown prosecutor to determine how to proceed with a case. This independence ensures fairness and prevents improper interference.

2. Ensuring Fair Trials

Crown prosecutors are obligated to ensure that trials are conducted fairly for all parties. This includes:

• Disclosing all relevant evidence to the defence (R. v. Stinchcombe, 1991).
• Avoiding tactics that would prejudice the accused’s right to a fair trial.
• Presenting evidence objectively and ethically.

For more about trial procedures, refer to our Ontario Criminal Court Process Page.

3. Pursuing the Public Interest

The Crown attorney acts on behalf of society, not individuals. Their goal is not to secure convictions at all costs but to ensure that justice is done. They must assess each case based on:

• The strength of the evidence.
• The public interest in prosecuting the case.

Legal principles, including Charter rights.

How the Prosecution Decides to Proceed

1. Screening Charges

When charges are laid by the police, Crown prosecutors carefully review the evidence to determine if the charges should proceed. This process is called screening.

The Crown will consider:

• Whether there is a reasonable prospect of conviction based on the evidence.
• Whether proceeding with the case is in the public interest.

2. The Threshold for Prosecution
The threshold for prosecution is based on two key considerations:

a. Reasonable Prospect of Conviction: Is there sufficient evidence to prove the charges beyond a reasonable doubt?

b. Public Interest Test: Does prosecuting the case serve the public good? Factors include:

• • The seriousness of the offence.
  • The circumstances of the accused.
  • The impact on the community.

3. Staying or Withdrawing Charges
If the Crown determines that charges no longer meet the threshold for prosecution, they may:

• Stay the Charges: This pauses the prosecution but allows it to be resumed within one year.
• Withdraw the Charges: This ends the prosecution entirely.

The Prosecution Process Step-by-Step

1. Pre-Trial Stage

• Disclosure: The Crown must provide the defence with all evidence it intends to rely on, including exculpatory evidence (evidence that may help the accused).
• Crown Pre-Trials and Judicial Pre-Trials: These meetings allow the Crown, defence, and sometimes a judge to discuss resolutions, trial management, or narrowing the issues for trial.

For a complete breakdown of the pre-trial and trial process, visit our Ontario Criminal Court Process Page.

2. Preliminary Hearings

For indictable offences, a preliminary hearing may be held to determine if there is enough evidence to proceed to trial. The Crown presents key evidence, and the defence can cross-examine witnesses.

3. The Trial Stage

At trial, the Crown’s role includes:

1. Opening Statement: Outlining the prosecution’s case.
2. Calling Evidence: Presenting witnesses and physical evidence.
3. Cross-Examination: Challenging the defence’s evidence.
4. Closing Argument: Summarizing the evidence and explaining why the accused should be convicted.

The burden of proof lies entirely with the Crown, and they must prove the case beyond a reasonable doubt.