With all due respect, I note that, in the guide, the issue of discrimination seems to come up at both stages.
We understand that the first question the prosecutor asks is whether there is a reasonable prospect of conviction. The guide says: “For example, when the case against an accused is not very strong and they have personal circumstances that are mitigating, Crown counsel should consider not proceeding. These circumstances may include an accused who has been subject to systemic discrimination.”
Is there not a reasonable perception, on the part of any prosecutor, that all first nations people are victims of systemic discrimination?