About the PPSC
Who we are
The Public Prosecution Service of Canada (PPSC) is a national, independent and accountable prosecuting authority whose main objective is to prosecute federal offences and provides legal advice and assistance to law enforcement.
As of March 31, 2018, the PPSC had 1,040 employees. In addition to staff prosecutors, the PPSC retained the services of some 170 private-sector law firms, and 432 individually appointed lawyers, as standing agents.
PPSC Headquarters is located in Ottawa, and the organization maintains a network of regional and local offices across Canada. Some PPSC staff prosecutors are also co-located with integrated enforcement teams across Canada.
Role of the DPP
The Director of Public Prosecutions (DPP) is the Deputy Attorney General of Canada for the purpose of carrying out the statutory responsibilities described in the PPSC’s mandate. The DPP has the rank and status of a deputy head of a department, and in this capacity is responsible for the management of the PPSC as a distinct governmental organization.
Role of the Prosecutor
Prosecutors play a key role in the Canadian criminal justice system. This role is quasi-judicial in nature, imposing on prosecutors the duty to be objective, independent, and dispassionate. They must see that all cases deserving of prosecution are brought to trial and prosecuted with competence, diligence, and fairness. Prosecutors must be of integrity, above all suspicion, and must exercise the considerable discretion bestowed on them fairly, in good faith, and without any consideration of the political implications of their decisions. While they must be advocates, their role is not to seek convictions at any cost, but to put before the court all available, relevant, and admissible evidence necessary to enable the court to determine the guilt or innocence of the accused.
Public Prosecutors in the Canadian Federal Criminal Justice Process
Prosecutors have the duty to be objective, independent, and dispassionate. Their role is not to seek conviction at any cost, but to put before the court all available, relevant, and admissible evidence necessary to enable the court to determine the guilt or innocence of an accused, who is presumed innocent until proven guilty beyond a reasonable doubt.
Our Role to Advise
Police and investigative agencies routinely consult with us at the early stages of an investigation to know whether the evidence that they are gathering will be admissible in a prosecution.
Our Role to Prosecute
In all provinces, we prosecute offences against all federal laws and acts, including fraud, terrorism and organized crime against the Criminal Code.
In the territories, we are the only prosecutors and conduct all prosecutions of offences against the Criminal Code and all federal laws/acts.
Decision to Prosecute
Once the police or investigative agencies have decided to lay charges, our prosecutors review the evidence and apply the decision to prosecute test, by asking themselves:
- Does the admissible evidence demonstrate a reasonable prospect that a court would convict?
- If there is a reasonable prospect of conviction, is it in the public interest to prosecute?
If at anytime in a prosecution the charges do not meet both parts of the test, the prosecutor will end the prosecution. In British Columbia, Quebec and New Brunswick, the decision to prosecute test is applied by our prosecutors before charges are laid.
Resolution Discussions
The majority of cases that continue to be prosecuted end in a guilty plea and sentence.
Diversion or Alternative Measure
Where public safety and the willingness of the accused to take responsibility make it appropriate, diversion or alternative measures may be available to resolve cases and forego further prosecution. Such measures may include:
- referrals to specialized programs (e.g. Drug Treatment Courts)
- referrals to community justice committees and Indigenous committees
- restitution or compensation in cash or services
- community service
Trial
Depending on the nature of the charges, trials may be held in provincial courts (within 18 months) or superior courts, including with a judge and jury (within 30 months).
Sentencing
If the accused is found guilty or pleads guilty, the prosecutor and the accused will propose a sentence, and the judge will decide the sentence and impose it.
Appeal
A decision made in a trial court is final. However, the prosecutor or the convicted person can, in certain circumstances, seek to appeal it if an error has been made.
Our Mandate
The mandate of the PPSC is set out in the Director of Public Prosecutions Act. The Act empowers the Director of Public Prosecutions to:
- Initiate and conduct federal prosecutions;
- Intervene in proceedings that raise a question of public interest that may affect the conduct of prosecutions or related investigations;
- Issue guidelines to federal prosecutors;
- Advise law enforcement agencies or investigative bodies on general matters relating to prosecutions and on particular investigations that may lead to prosecutions;
- Communicate with the media and the public on all matters that involve the initiation and conduct of prosecutions;
- Exercise the authority of the Attorney General of Canada in respect of private prosecutions; and
- Exercise any other power or carry out any other duty or function assigned by the Attorney General of Canada that is compatible with the Office of the Director of Public Prosecutions.
The Director of Public Prosecutions Act also empowers the DPP to:
- initiate and conduct prosecutions under the Canada Elections Act; and
- act, when requested by the Attorney General of Canada, in matters under the Extradition Act and the Mutual Legal Assistance in Criminal Matters Act.
With the exception of Canada Elections Act matters, the Attorney General of Canada can issue a directive to the DPP about a prosecution or even assume conduct of a prosecution, but must do so in writing and a notice must be published in the Canada Gazette. In turn, the DPP must inform the Attorney General of any prosecution or planned intervention that may raise important questions of general interest.
National Fine Recovery Program
The Public Prosecution Service of Canada (PPSC) is responsible for administering the recovery of outstanding federal fines under the terms of an assignment issued by the Attorney General of Canada in September 2007.
The National Fine Recovery Program's (NFRP) mandate is to recover all unpaid federal fines and related surcharges that have been imposed by a criminal court. If necessary, the NFRP undertakes legal proceedings on behalf of the Crown to enforce the collection of outstanding federal fines.
The NFRP has partnered with other government departments and private collection agencies to undertake the recovery of unpaid fines. Fines progress through a rigorous recovery process up to formal legal proceedings for individuals who refuse to pay their fines.
Additional information regarding the NFRP’s recovery procedures and payment methods available for federal fines can be found on the PPSC Pay a Fine page.
Our Mission and Values
Areas of Prosecution
The PPSC prosecutes cases under federal statutes that are referred to it by the Royal Canadian Mounted Police (RCMP), other federal investigative agencies, and provincial and municipal police forces. In total, over 250 federal statutes contain offences that fall under the PPSC’s jurisdiction to prosecute; however, the PPSC regularly prosecutes offences under approximately 40 of those statutes.
Drug prosecution files make up the highest percentage of the PPSC’s total caseload. The PPSC is responsible for prosecuting all drug offences under the Controlled Drugs and Substances Act (CDSA), regardless of whether a federal, provincial or municipal police agency lays the charges, except in Quebec and New Brunswick. In these two provinces, the PPSC prosecutes only drug offences investigated by the RCMP.
In the three territories, the PPSC prosecutes all Criminal Code offences as well as offences under all other federal legislation and, on behalf of the territorial governments of the Northwest Territories and Nunavut, certain territorial statutes.
In addition, under arrangements with the provinces, the PPSC may prosecute Criminal Code offences that are otherwise within provincial jurisdiction when the accused also faces more serious charges within federal jurisdiction.
The PPSC does not have authority to direct investigations. It responds to requests for prosecution-related advice from investigators. The advantage of early prosecutorial advice is that it reduces the risk that investigative decisions, such as those concerning methods of obtaining evidence, will detrimentally affect the constitutional rights of Canadians or the admissibility of evidence at trial.
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