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| Patrick J Ducharme |
The role of the prosecutor in a criminal trial in Canada is unique. The prosecutor fulfills a “quasi- judicial” function. He or she has duties that include:
a) a duty to the fair and to maintain professional distance and public confidence in prosecutorial fairness and prosecutorial independence from the case to be prosecuted.
b) a duty to maintain objectivity.
c) a duty not to use inflammatory remarks.
d) a duty not to demonstrate inflammatory conduct by words or actions.
e) a duty to act in accordance with the responsibilities placed on the Crown as a law officer with special obligations to act ethically and to use discretionary powers with good judgment and discretion.
f) a duty to maintain the quasi-judicial role of a minister of Justice taking the position that the role is to be more a part of the court seeking Justice than a proponent of a cause.
g) a duty to present all available legal proof of the facts and present the Crown’s case firmly to its legitimate strength, however, the presentation must always be performed fairly.
h) a duty to adopt an indifference to the notion of winning or losing as the role properly excludes any notion of winning or losing; and
i) a duty to perform the prosecutorial duties with a sense of dignity and seriousness and respect for the high calling of being allowed to participate in judicial proceedings.
It is important to know that these Crown duties are not confined to the courtroom. They apply to all aspects of the role of prosecutor, including all dealings with members of the public, counsel for the accused, members of the bench, police officers, court staff and other colleagues in the prosecutorial office.
Prosecutors have been described for years as “ministers of Justice.” As such they are expected to perform their duties with objectivity, dealing dispassionately with the facts of any case. Their role should be without any display of subjective emotions or prejudices. Prosecutors should identify any possible conflicts of interest to function unfettered by even a hint of a conflict of interest. Dignity, fairness, and moderation should be the hallmarks of Crown counsel’s conduct during the any aspect of the criminal process.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure Volume 2, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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