Crown attorney
Encyclopedia
Crown Attorneys or Crown Counsel (or, in Alberta
, Crown Prosecutors) are the prosecutors in the legal system of Canada
.
Crown Attorneys represent the Crown
and act as prosecutor
in proceedings under the Criminal Code of Canada
. Criminal prosecutions under federal statutes other than the Criminal Code, such as the Controlled Drugs and Substances Act
, the Income Tax Act
, etc., are conducted by Federal Crown Attorneys. There are similarities between this role and the Procurator Fiscal
in Scotland
, Crown Prosecutor
in England and Wales
and United States Attorney
in the United States
. Crown Attorneys are not elected. They are civil servants and can be removed from their position only pursuant to their employment agreements.
Although criminal law is under federal
jurisdiction in Canada, the administration of justice is constitutionally the responsibility of provinces, except in the Canadian territories of Yukon
, Northwest Territories
and Nunavut
. As a result, the vast majority of Crown Attorneys are employed by Canada's ten provinces.
Lawyers who act on civil
or administrative
matters for the Crown are not referred to as Crown Attorneys (Senior General Counsel
, General Counsel
), or simply Crown Counsel although both criminal and civil attorneys generally report to the provincial Attorney-General's office. Moreover, lawyers, students-at-law and other persons who only represent the Crown on provincial offences matters (such as municipal by-law enforcement and traffic offences) are referred to as "Provincial Prosecutors" or "Provincial Offences Attorneys" (POAs) rather than Crown Attorneys. Regardless of whether the prosecuted matter is a criminal offence or a provincial offence, Crown Attorneys represent and argue on behalf of "the Crown" (i.e. Queen Elizabeth II
, Queen of Canada). In the province of Ontario, there is only one Crown Attorney appointed by the Attorney General per judicial district. The Crown Attorney is charged with supervising the office at the local level, and has a level of autonomy from the Attorney General's office. A Crown Attorney will then, in consultation with the Attorney General's office, hire Assistant Crown Attorneys to further staff the office and prosecute offences. In this respect, Ontario functions similar to the US system of District Attorneys and Assistant District Attorneys, although within the aspects of the Canadian legal system.
As Crown Attorneys are not elected, the Canadian prosecutorial system is often seen as less politically motivated than other systems. Moreover, because they are paid a regular salary rather than being hired on a case-by-case basis, they are often seen as independent from the police.
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, Crown Prosecutors) are the prosecutors in the legal system of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
Crown Attorneys represent the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
and act as prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
in proceedings under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
. Criminal prosecutions under federal statutes other than the Criminal Code, such as the Controlled Drugs and Substances Act
Controlled Drugs and Substances Act
The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 by the Chrétien government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drug Act and establishes eight Schedules of controlled substances and two Classes of precursors...
, the Income Tax Act
Income taxes in Canada
Income taxes in Canada constitute the majority of the annual revenues of the Government of Canada, and of the governments of the Provinces of Canada...
, etc., are conducted by Federal Crown Attorneys. There are similarities between this role and the Procurator Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, Crown Prosecutor
Crown Prosecutor
Crown Prosecutors are the public prosecutors in the legal system of Australia.Crown Prosecutors represent the Crown in right of the Commonwealth and in right of each State or Territory in criminal proceedings. Crown Prosecutors are appointed not elected and not public servants; they are private...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Crown Attorneys are not elected. They are civil servants and can be removed from their position only pursuant to their employment agreements.
Although criminal law is under federal
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
jurisdiction in Canada, the administration of justice is constitutionally the responsibility of provinces, except in the Canadian territories of Yukon
Yukon
Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in....
, Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
and Nunavut
Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
. As a result, the vast majority of Crown Attorneys are employed by Canada's ten provinces.
Lawyers who act on civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
or administrative
Public administration
Public Administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants for this work. As a "field of inquiry with a diverse scope" its "fundamental goal.....
matters for the Crown are not referred to as Crown Attorneys (Senior General Counsel
Senior General Counsel
Senior General Counsel is the chief public prosecutor at the federal level in Canada. The SGC leads an office of General Counsel known as the Federal Prosecution Service of Canada.-References:*...
, General Counsel
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
), or simply Crown Counsel although both criminal and civil attorneys generally report to the provincial Attorney-General's office. Moreover, lawyers, students-at-law and other persons who only represent the Crown on provincial offences matters (such as municipal by-law enforcement and traffic offences) are referred to as "Provincial Prosecutors" or "Provincial Offences Attorneys" (POAs) rather than Crown Attorneys. Regardless of whether the prosecuted matter is a criminal offence or a provincial offence, Crown Attorneys represent and argue on behalf of "the Crown" (i.e. Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
, Queen of Canada). In the province of Ontario, there is only one Crown Attorney appointed by the Attorney General per judicial district. The Crown Attorney is charged with supervising the office at the local level, and has a level of autonomy from the Attorney General's office. A Crown Attorney will then, in consultation with the Attorney General's office, hire Assistant Crown Attorneys to further staff the office and prosecute offences. In this respect, Ontario functions similar to the US system of District Attorneys and Assistant District Attorneys, although within the aspects of the Canadian legal system.
As Crown Attorneys are not elected, the Canadian prosecutorial system is often seen as less politically motivated than other systems. Moreover, because they are paid a regular salary rather than being hired on a case-by-case basis, they are often seen as independent from the police.