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Justice committee  More information about our role is an important one. We certainly hope to increase our visibility, so people know that we exist and what our role is.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  I will let Mr. Fortin explain that to you.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  If there were a terrorism charge laid against someone, we would be involved. For example, right now our prosecutors are working on two terrorism cases, one in Toronto and one here in Ottawa.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  We conduct prosecutions under the Canadian Environmental Protection Act.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  If there were a charge under the Fisheries Act, our prosecutors would be responsible for conducting the prosecution. Again, we wouldn't be responsible for the investigation leading to the prosecution. That would be done by fisheries investigators or by the RCMP, I assume.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  It would be inappropriate for me to comment on individual cases, but in terms of whether our prosecutors conduct cases under the Fisheries Act, the answer is yes. From what you've described, you could be talking as well about charges under provincial legislation, and we wouldn't

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  The dividing line here is quite simple. If charges are laid under a federal statute, then it is our prosecutors who conduct the prosecution. If charges are laid under provincial legislation, it would be the provincial Attorney General's office.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  Yes, but a province could have certain legislation as well, such as on land use planning, that could lead to charges. But insofar as the charge is laid under federal legislation—the Fisheries Act is one such piece of legislation—our prosecutors would be responsible.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  That's better. I prefer that. Your second question was about whether or not we have enough money.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  The budget of the former Director of Public Prosecutions was also subject to pressure. We are dealing with the same pressures and we have to conduct studies and analyses to determine whether or not we have enough money. We thought about asking for money, but it was too early to d

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  We are not investigators. We rely upon the police and other investigative agencies to commence investigations. We take the case over once the police decide to lay charges.

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  “Integrated team“ doesn't mean that the police don't remain in charge of the investigation. That was made clear in a recent decision in the Supreme Court of Canada called Beaudry. It recognized that the police have an independent function to play in conducting their investigation

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  Like all prosecutors, we are guided by two principles in deciding whether to prosecute. The first is whether there's sufficient evidence that there's a reasonable prospect of conviction. The second is whether the public interest favours a prosecution. That latter category is a fa

May 17th, 2007Committee meeting

Brian Saunders

May 17th, 2007Committee meeting

Brian Saunders

Justice committee  We can consult—I mean, one of my colleagues always says “Independence doesn't mean isolation”. It's always been recognized in the jurisprudence that a DPP or an attorney general, in those jurisdictions where the attorney general is responsible for prosecutions, can consult with w

May 17th, 2007Committee meeting

Brian Saunders