Evidence of meeting #4 for Justice and Human Rights in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prosecutions.
A recording is available from Parliament.
12:40 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
I think Chapter 15 concerns the decision to prosecute.
12:40 p.m.
Acting Deputy Director of Public Prosecutions, Headquarters, Public Prosecution Service of Canada
Another chapter states who may make the decisions in each case.
12:40 p.m.
Conservative
The Chair Conservative Art Hanger
Thank you, Mr. Saunders, for that response.
Very quickly, Mr. Lee, we do have some committee business to deal with, but if you would, put your question.
12:40 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
I have two questions. I think they could be put shortly and answered quickly. Again, they relate to this issue raised by Ms. Jennings and others.
In many cases I know that Parliament has wanted the Attorney General to take political responsibility for certain decisions. What you've indicated here today is that in many cases, with a view to ensuring independence in much of what happens judicially or in terms of criminal procedure, these consents and approvals have all been delegated by a statute of Parliament. Now, as a legislator I'm becoming somewhat concerned in that what we appear to have delegated--by your interpretation--is now removing the Attorney General's responsibility for many of these decisions. I'm wondering if the deskbook purports to address that in any way, or have we possibly missed this issue as legislators?
This is my second question. In the Mulroney-Schreiber relationship issue going back many years, the department at one point in time would have initiated an investigation in suspected criminality. I don't think they found any, so no charges were ever laid. Then later on that became a civil matter; there was a civil lawsuit.
My question is which branch of your department would have provided the advice to government in relation to settlement or defence of the civil suit that was brought by the former Prime Minister? Which branch of your department provides that advice, if it's not your department?
12:40 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
I'll answer the second question first.
Our department would not be involved in any civil litigation. We're involved in criminal or regulatory matters only.
12:40 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
Even though this came out of a criminal investigation?
12:40 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
Yes, but remember, criminal investigations are conducted by the police forces.
12:40 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
They keep very much to themselves when they conduct investigations.
You also asked who in the Department of Justice would have been involved in providing advice. There would have been civil litigators. I recall that a number of outside counsel were retained by the Department of Justice to provide advice to the government on that issue.
On your first question, about the responsibility of the Attorney General, under our legislation it's very clear that everything the office of the director does is under and on behalf of the Attorney General of Canada.
Our mandate is set out in subsection 3(3) of the legislation. The opening words are: “ The Director, under and on behalf of the Attorney General...initiates and conducts prosecutions on behalf of the Crown”. So we are accountable, or I am accountable, to the Attorney General.
The purpose of the legislation is to make it clear that the prosecution function is independent, and if the Attorney General wants to intervene in any way in a case, he must do so in a manner that is seen by the public.
12:45 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
Just to clarify--and I'm using your words--is it your view that unless the statutory words say that the Attorney General must personally consent, authorize, approve, or whatever, then the Attorney General is capable, under this statute or others, of further delegating that out of his or her reach?
November 29th, 2007 / 12:45 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
You'd have to look at the legislation. That is an example of wording that would make it impossible for an interpretation that the Attorney General--
12:45 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
But we don't use that wording very much in Parliament. I haven't seen it, but it may exist in one or two places.
12:45 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
Let me refer to the Interpretation Act, subsection 24(2), which says that anything that can be done by a minister can, in effect, be done by the deputy minister.
The principle of delegation and authority from a minister to a deputy minister is not established in legislation, but it is well known in the common law principle as the Carltona principle. So this is not an exceptional circumstance.
Mr. Dolhai.
12:45 p.m.
Acting Deputy Director of Public Prosecutions, Headquarters, Public Prosecution Service of Canada
It's always a matter of construing the statute to determine the appropriate level of delegation.
But on the delegation of authority, there are a host of things that require Attorney General consent or authorization that didn't occur as a result of this act but have been of long standing.
The deskbook sets out which level is appropriate in each case and reflects an assessment--ultimately a decision by the Attorney General, who is the one who authorizes the deskbook--that this level is the appropriate one. But the Attorney General always has the ability, even under this legislation, to intervene or take over a prosecution, or issue a directive.
12:45 p.m.
Conservative
The Chair Conservative Art Hanger
Thank you, Mr. Lee.
I would like to thank the members of the Public Prosecution Service for their attendance.
This puts an end to our questions. We have some committee business to attend to.
Mrs. Freeman.
12:45 p.m.
Bloc
Carole Freeman Bloc Châteauguay—Saint-Constant, QC
Based on what criteria do you recruit lawyers from the private sector?
12:45 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
The two main criteria are competence and integrity.
12:45 p.m.
Bloc
12:45 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
We publish advertisements in the newspapers, and we conduct competitions and evaluations.
12:45 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
We have a supervisor in each region who is responsible for managing attorneys. We also have a team here in Ottawa that is responsible for managing attorneys.
12:45 p.m.
Bloc
Carole Freeman Bloc Châteauguay—Saint-Constant, QC
You said you handle 60,000 cases a year. You no doubt have a kind of report that states... In fact, there is organized crime, drugs.
Could you provide us with a report on how the cases break down?
12:45 p.m.
Acting Director of Public Prosecutions, Public Prosecution Service of Canada
We talked about that in our annual report, which we filed in June.
