The Prosecution of Ernest Fenwick MacIntosh July 10

Role of the Crown AttorneyTo provide context to this report, anexplanation of the role and function of theCrown Attorney is necessary.Crown Attorneys are responsible to theDirector of Public Prosecutions for conductingall aspects of prosecutions includingarraignments, show cause (bail hearings),preliminary inquiries, trials, sentencings,appeals to the Supreme Court of Nova Scotia,appeals to the Nova Scotia Court of Appealand appeals to the Supreme Court of Canada.In addition, Crown Attorneys provide prechargeadvice to the police and provincialgovernment enforcement officials, uponrequest.It is important to note that Crown Attorneysare not investigators and do not lay criminalcharges. Investigations into alleged criminalacts are conducted by the police. The policedecide whether to lay a charge. After a chargeis laid a Crown Attorney decides whether acharge should go forward. The Crown Attorneymakes that decision by reviewing all theevidence and deciding:• if there is a realistic prospect of conviction;and• if it is in the public interest to proceed.If the answer is affirmative in both casesthe Crown Attorney will proceed with aprosecution.A detailed policy on prosecutorial discretiondescribes the process of determining theviability of a criminal charge. This policy isone a series of policies which guide CrownAttorneys in the exercise of their duties. (TheCrown Attorney Policy Manual is publiclyavailable on the PPS website at www.gov.ns.ca/pps/)It is also important to understand that when amatter goes to trial the Crown Attorney’s roleis to present the evidence fairly. The CrownAttorney argues for the proper verdict basedupon the evidence. The Crown Attorney is notaiming to “win” a conviction.When handling a prosecution, CrownAttorneys must represent the interests ofthe general public. The Crown Attorney isnot the victim’s lawyer. There are times whenthe Crown Attorney must disagree with thewishes of the victim. Crown Attorneys havea responsibility to treat victims of crimewith compassion and respect. Often, CrownAttorneys call upon Victims’ Services workers ofthe Nova Scotia Department of Justice to helpexplain the prosecution process to the victim.They prepare the victim for court appearancesand keep them informed of progress on thecase.Sometimes a verdict, a sentence or a specialorder made by a judge may be appealed byeither the Crown or an accused. The defencehas more flexibility when it comes to appeals.The Crown cannot initiate an appeal justbecause it disagrees with a decision; appealsinitiated by the Crown must be based on errorsmade by a trial judge on a point of law.Each year 90 Crown Attorneys in 18 officesacross the province handle about 50,000Criminal Code charges and about 10,000provincial regulatory offence charges.Report to the Attorney General of Nova Scotia The Prosecution of Ernest Fenwick MacIntosh 5