Thank you very much.
As mentioned in our brief, at the Barreau du Québec, we believe that it is not a good idea to remove the requirement for prior authorization from the Attorney General. We are talking here about offences that are sensitive in nature and likely to generate public controversy. An institutional filter must be maintained to prevent complaints from being upheld and leading to prosecutions that may not necessarily be justified.
The role of the Attorney General is to analyze the overall situation and assess the public interest. When police officers receive a complaint and submit it to the Attorney General, the latter is able to assess various factors: the elements constituting the offence, but also the public interest. In this context, the requirement to obtain prior authorization from the Attorney General means that private complaints are not possible.
In Quebec, for example, if a person files a complaint and it is not accepted by the Crown prosecutor, that person still has the option of filing a private complaint, which can be brought before a justice of the peace.
When prior authorization is required, this type of complaint is not possible. A private complaint cannot be filed. This reduces the number of complaints or prevents an increase in the number of complaints that could be brought before justices of the peace in the province or elsewhere in Canada.