Evidence of meeting #15 for Fisheries and Oceans in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prosecutions.
A recording is available from Parliament.
Liberal
Bobby Morrissey Liberal Egmont, PE
Are you leading me to believe that in some jurisdictions, a provincial jurisdiction would override DFO's ability to lay charges?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
No. I apologize if I was unclear.
What I meant is that in a precharge jurisdiction, a DFO officer would come to the prosecution service that has jurisdiction to prosecute that particular offence. For Fisheries Act offences, it is the Public Prosecution Service of Canada across the country. They would come—
November 27th, 2025 / 9:55 a.m.
Liberal
Bobby Morrissey Liberal Egmont, PE
Okay, so the decision is solely between the Public Prosecution Service and DFO—
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
Yes.
Liberal
Bobby Morrissey Liberal Egmont, PE
—which makes the final decision.
Okay. Thank you.
You referenced earlier that there's been no case-specific direction from any elected official.
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
It's specifically the Attorney General, who is the—
Liberal
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
Yes.
Liberal
Bobby Morrissey Liberal Egmont, PE
You referenced that if direction were given on the policy side, it must be public.
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
Yes, any direction provided by the Attorney General—
Liberal
Bobby Morrissey Liberal Egmont, PE
That's the only way that direction from an elected official could be given in any case.
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
That is correct. That is one of the—
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
I'm sorry. I didn't mean to interrupt you.
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
That is one of the important pieces of prosecutorial independence.
Liberal
Bobby Morrissey Liberal Egmont, PE
Often we'll hear gossip on the street that a charge was dropped because somebody talked to somebody. From your experience, and in testimony to this committee, that does not exist.
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
That does not exist, no. There is no power for anyone other than the Attorney General to direct the Public Prosecution Service on how to bring forward a prosecution.
Liberal
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mr. Morrissey.
Mr. Deschênes, you have the floor for two and a half minutes.
Bloc
Alexis Deschênes Bloc Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC
Thank you, Mr. Chair.
Ms. O'Connor, I gave a long preamble earlier, and I didn't leave you time to answer, so I'd like to give you the opportunity to do so. I'd also like to clarify my question. Based on your guidelines, can the indigenous identity of a suspect be a reason not to lay charges under the Fisheries Act?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
It depends on the circumstances.
Bloc
Alexis Deschênes Bloc Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC
Can the indigenous identity of a suspect be a reason not to lay charges, yes or no?
Deputy Director, Public Prosecutions, Public Prosecution Service of Canada
As I said earlier, an indigenous person's rights, such as the right to self-determination set out in section 35 of the Constitution, can be considered.
Bloc
Alexis Deschênes Bloc Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC
I don't understand why you don't want to agree with me, Ms. O'Connor, or why it's so difficult. I'm quoting from the indigenous identity section of your guide, which says, “These factors may shed light on the accused's moral culpability, and may weigh against a prosecution when considered with the totality of the relevant factors.”
Again, can the indigenous identity of a suspect be a reason not to lay charges under the Fisheries Act?