TORONTO – It is manifestly unconstitutional and deeply troubling for a police service to threaten to conduct a public campaign against the Crown if they exercise prosecutorial discretion in a way the police disagree with.
Shakir Rahim, Director of the Criminal Justice Program, said “As the Supreme Court held in Ontario (AG) v. Clark, ‘The police role is to investigate crime. The Crown prosecutor’s role… [is] to carry out that prosecution in accordance with the prosecutor’s duties to the administration of justice and the accused.’ The principle of prosecutorial independence, entrenched under s. 7 of the Charter, includes prosecutorial independence from the police.”
Howard Sapers, Executive Director of the Canadian Civil Liberties Association said, “If the Edmonton Police Service is truly concerned about public confidence in the administration of justice it should not seek to improperly influence or undermine independent Crown Counsel.”
The CCLA strongly urges the Edmonton Police Service to abstain from any attempt to act outside their constitutionally mandated role.
About the Canadian Civil Liberties Association
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