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Information & Ethics committee The Director of Public Prosecutions of Canada initiates a prosecution. At that point, the Director reviews the file and if he decides that the test for prosecuting has been met, he asks the Commissioner of Elections Canada to have charges laid. From that point on, the prosecution
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee We were assigned the task of prosecuting under the Elections Act a little over 18 months ago, in December 2006. Since December 2006, we have received a few cases.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee Charges were laid in one previous case by the Director of Public Prosecutions.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee It is a case that came from Toronto last year. It involved an MP. I'm sorry, his name escapes me at the moment.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee Certainly.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee All I can speak to is whether something has been delivered to our office, and I can tell you that it hasn't.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee To answer your first question, a copy of my opening remarks was given to the clerk earlier for distribution to committee members, if they wish. I think it is not correct to describe us as counsel for Elections Canada in the traditional sense of the word, as it is understood in t
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee To be clear on the process, the Elections Act investigations are conducted by the Commissioner of Canada Elections. At the conclusion of the investigation, should the commissioner feel that on reasonable grounds an offence has been committed, he would refer a prosecution brief to
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee “Him” being the commissioner?
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee We have spoken with the commissioner. We have provided advice to Elections Canada in relation to a number of matters.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee I'm not able to answer that question in the abstract.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee It is up to the investigative agency to contact the Public Prosecution Service to request advice during an investigation. It is the investigative agency that decides to proceed with certain steps, for example to appear before a judge to obtain some authorization.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee It is not uncommon for an investigative agency to ask us for legal advice about all sorts of offences that will have different consequences. All sorts of investigative agencies contact us very frequently about this.
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee The Director of Public Prosecutions Act sets out that the Director of Public Prosecutions conducts prosecutions under and on behalf of the Attorney General. The decisions made by the DPP are independent and free of any partisan or political influence, but the DPP reports to the A
August 14th, 2008Committee meeting
Chantal Proulx
Information & Ethics committee That's correct.
August 14th, 2008Committee meeting
Chantal Proulx