Transition Book - 2023 - Governance

Biographical Notes

Photograph of Kathleen Roussel

KATHLEEN ROUSSEL is the Director of Public Prosecutions. She was appointed June 21, 2017.

Kathleen was Deputy Director of Public Prosecutions from 2013 to 2017. She was responsible for the Regulatory and Economic Prosecutions and Management Branch.

Previously, Kathleen served as Senior General Counsel and Executive Director of the Environment Legal Services Unit at the Department of Justice (Canada), from 2008 to 2013.

From 2001 to 2005, she was the Senior Counsel and Director of the Canadian Firearms Centre Legal Services, before joining the Department of Environment's legal services later that year. Before joining the public service, Ms. Roussel worked as a criminal defence lawyer. She has been a member of the Law Society of Ontario since 1994 and graduated from the University of Ottawa Law School in 1992, having previously obtained an Honours Religion degree from Queen's University.

GEORGE DOLHAI graduated from the University of Western Ontario Law School in 1987 and became a member of the Law Society of Ontario in 1989. He practiced in the private sector at McCarthy & McCarthy, before becoming a federal prosecutor in the Toronto Regional Office following the completion of his LL.M. at the University of Cambridge, England. He joined Headquarters to temporarily act as the Supreme Court of Canada Criminal Law appeals coordinator, and thereafter practiced in the Human Rights Law Section and the Office of National Drug Strategy (later known as the Strategic Prosecution Policy Section). He headed up the National Security Group as general counsel until 2001.

In December 2003, he became Senior General Counsel and Director of the Strategic Operations Section of the Federal Prosecution Service.

He has been one of the two Deputy Directors of Public Prosecution since the creation of the PPSC. He was initially appointed on an acting basis on December 12, 2006, and officially appointed to the position May 2, 2012.

Photograph of David Antonyshyn

DAVID ANTONYSHYN graduated from the Université de Montréal Law School in 1995. He also holds a Master of Laws degree (LL.M.) from the Faculty of Law at the University of Ottawa, where he focused on issues of international human rights law, the law of armed conflict/international humanitarian law, and international criminal law. For 28 years he served in the Canadian Armed Forces, the last 20 of which in a number of positions within the Office of the Judge Advocate General (JAG), the legal adviser to the Canadian Armed Forces and the Department of National Defence in matters of military law. Prior to retiring from the Forces with the rank of colonel, he was the Deputy JAG leading the legal division assisting the JAG in superintending the administration of military justice in Canada and ensuring its responsible development within the broader Canadian justice system. Immediately before that, he was the Assistant Director of the Canadian Military Prosecution Service. Over the years, his practice has included administrative law, criminal law (both as defence counsel and prosecutor), and operational law (Canadian and international law governing the conduct of military operations, in Canada or abroad). He notably served on deployed missions in Bosnia, Afghanistan and Lebanon, and participated on a number of Canadian delegations during international negotiations along with Global Affairs Canada.

David joined the PPSC on November 1, 2018, as one of the two Deputy Directors of Public Prosecutions.

Roles of the Attorney General and the Director of Public Prosecutions

Attorney General of Canada

The Minister of Justice is, by statute, also the Attorney General of Canada. As the Chief Law Officer of the Crown, the Attorney General is responsible for providing legal advice to all government departments and for regulating and conducting all litigation for and against the Crown or any department of the Government of Canada.

Many federal statutes give the Attorney General additional powers and duties relating to prosecutions. These are conferred both directly on the Attorney General personally and indirectly through the many responsibilities placed on "the prosecutor" in the Criminal Code.

The Attorney General of Canada has jurisdiction to prosecute all non-Criminal Code federal offences (except those under the Canada Elections Act) in the provinces and authority to prosecute both Criminal Code and non-Criminal Code offences in the three territories. Further, the definition of "Attorney General" in the Criminal Code gives concurrent jurisdiction to the Attorney General of Canada and the provincial Attorneys General to prosecute certain Criminal Code offences including terrorism offences, organized crime offences, fraud, insider trading, and stock market fraud.

In addition, the Attorney General of Canada may prosecute Criminal Code offences with the consent and on behalf of a provincial Attorney General. Similarly, provincial Attorneys General may prosecute federal offences with the consent and on behalf of the Attorney General of Canada.

Duties of a Prosecutor

It is a core constitutional tenet that the Attorney General, and by extension the DPP, are bound by the principle of independence in respect of the prosecution function. In the leading case of Alberta v. Krieger,2002 SCC 65, the Supreme Court of Canada held that "It is a constitutional principle in this country that the Attorney General must act independently of partisan concerns when supervising prosecutorial decisions." Consultation with others in exercising prosecutorial discretion is permitted provided the decision is made independently.

Prosecutorial discretion covers decisions to institute, continue or terminate criminal proceedings. In making these decisions, the prosecutor must consider whether the evidence demonstrates that there is a reasonable prospect of conviction and, if so, whether a prosecution best serves the public interest.

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.

Director of Public Prosecutions Act

On December 12, 2006, the Office of Director of Public Prosecutions (ODPP) was created with the coming into force of the Director of Public Prosecutions Act (the DPP Act). The Actmakes the Director of Public Prosecutions (DPP) responsible for the prosecution of federal offences. The ODPP was created to ensure that the mechanisms to protect prosecutorial independence from improper influences, including improper political influence, are statutory and transparent.

The legal name of the organization is the Office of the Director of Public Prosecutionswhereas its applied, or common name, is the Public Prosecution Service of Canada.

A copy of the DPP Act is included herewith as Appendix A.

Role of the Director of Public Prosecutions

Under section 3(3) of the Director of Public Prosecutions Act, the DPP has been delegated the Attorney General's authority to initiate and conduct federal prosecutions, to intervene in proceedings that raise a question of public interest that may affect the conduct of prosecutions or related investigations, to issue guidelines to federal prosecutors, and to advise law enforcement agencies on matters related to prosecutions generally and particular investigations that may lead to a prosecution. In respect of these matters, the DPP is the Deputy Attorney General of Canada.

In fulfilling the above duties, the DPP acts "under and on behalf of the Attorney General". As a result, given their respective responsibilities, the relationship between the Attorney General and the DPP is of the utmost importance in ensuring that both can fulfill their duties while achieving the legislative goal of an independent, apolitical, and accountable prosecution service.

The DPP has the power to make binding and final decisions to prosecute offences under federal jurisdiction, unless otherwise directed by the Attorney General under section 10(1) of theDPP Act, or unless the Attorney General assumes conduct of the prosecution under section 15 of the Act. In respect of the Canada Elections Act, the DPP has sole authority to decide whether to conduct a prosecution on behalf of the Crown, as well as any appeal or proceeding related to such a prosecution.Footnote 1

The Director of Public Prosecutions Act does not accord the DPP any investigative powers. This stems from the fact that the Office of the Attorney General does not have any such powers. Accordingly, neither the Attorney General nor the DPP has the power to order, direct or supervise a police investigation. The benefits of the respective independence of the investigative and prosecutorial functions have been recognized by the courts, including the Supreme Court of Canada in the cases of Krieger v Law Society of Alberta, [2002] 3 SCR 372; R v Regan, [2002] 1 SCR 297; and R v Beaudry, [2007] 1 SCR 190. In addition, several commissions of inquiry into wrongful convictions, most notably the Royal Commission on the Donald Marshall Jr. prosecution, have insisted that a line of demarcation be drawn between the two functions.

The DPP has a duty under section 13 of the DPP Act to inform the Attorney General in a timely fashion of any prosecution or intervention that the DPP intends to make that raises important questions of general interest. This information is normally provided by way of a written memorandum addressed to the Attorney General. There is no requirement in the Act that the Attorney General and the DPP meet to discuss prosecution-related issues. More detailed information with respect to this duty is found at Tab 14 "Notices under Section 13 of the Director of Public Prosecutions Act".

Although not required by the Director of Public Prosecutions Act, the Attorney General can consult with the DPP to seek advice on the potential operational effects on prosecutions of policy, legislative or litigation matters.

The DPP must provide an Annual Report on the activities of the PPSC to the Attorney General for tabling in Parliament. A copy of the PPSC's most recent available Annual Report is attached as Appendix B.

Power of the Attorney General to Assume Conduct of Prosecutions and to Issue Directives and Assignments

Section 15 of the Director of Public Prosecutions Act provides the Attorney General with the power to assume conduct of a prosecution, except for prosecutions initiated under the Canada Elections Act. Before assuming conduct of a prosecution, the Attorney General must first consult the DPP. To safeguard the DPP's independence, any directive from the Attorney General to the DPP, including any decision to assume conduct, must be in writing and published in the Canada Gazette.

Section 10 of the DPP Act allows the Attorney General to issue directives with respect to cases generally, or to individual cases. Section 3(3)(g) of the Act enables the Attorney General to assign any other power, duty or function to the DPP that is compatible with the ODPP. Such directives and assignments must be published in the Canada Gazette. While the Director of Public Prosecutions Act does not require the Attorney General to consult the DPP prior to issuing a specific directive under section 10(1) or an assignment under s. 3(3)(g), it is advisable that such consultation take place in order for the Attorney General to benefit from the knowledge of the DPP in relation to individual prosecutions where applicable and in the conduct of prosecutions in general. Consultation of this kind has taken place in relation to past assignments and serves to ensure that any future specific directive or assignment is compatible with the DPP Act.

Directives Issued by the Attorney General

On July 6, 2023, the Attorney General of Canada updated a directive regarding section 13 notes to provide further direction on the contents of the notice and clarify certain elements related to the notice. These clarifications are the results of the recommendations of the McLellan report, which reviewed the dual roles of the Minister of Justice and Attorney General of Canada. The directive was published in the Canada Gazette on July 13, 2023. An amended directive 1.2 Duty to Inform the Attorney General under section 13 of the Director of Public Prosecution Act was subsequently incorporated in the PPSC Deskbook and came into force upon publication on the PPSC Internet site, on July 24, 2023.

On November 30, 2018, the Attorney General issued a directive with respect to prosecutions for
non-disclosure of HIV status in specific circumstances.

Following the coming into force of the Anti-Terrorism Act, 2015, the Attorney General issued a directive confirming the PPSC's role in the conduct and initiation of terror-related prosecutions.
The directive was published in the Canada Gazette on June 27, 2015.

On June 16, 2014, the Attorney General issued a directive instructing that all federal prosecutors and acting as federal prosecutors respect the 12 directives issued by the Attorney General set out in the PPSC Deskbook.Footnote 2 These directives together with guidelines issued by the DPP that are also found in the PPSC Deskbook provide guidance to federal prosecutors on the exercise of their discretion. Amended chapters 2.11 Official Languages in Prosecutions and 5.6 Victims of Crime were subsequently incorporated into the PPSC Deskbook by a directive issued by the Attorney General on January 15, 2017.

Assignments Issued by the Attorney General

Since the coming into force of the DPP Act in 2006, the Attorney General has issued five assignments of responsibility to the DPP for:

  1. developing a set of best practices for prosecuting frauds against governments;
  2. conducting prosecutions that the Attorney General may undertake pursuant to agreements with the provincial Attorneys General;
  3. administering the National Fine Recovery Program and conducting proceedings to enforce the collection of outstanding federal fines, including the bringing of civil proceedings;
  4. exercising the authorities of the Attorney General in the Criminal Code and the Controlled Drugs and Substances Act subject to a list of exclusions for items that are more appropriately dealt with through the Department of Justice (DOJ) (this assignment was archived and replaced in 2019 to take account of the passage of the Cannabis Act); and
  5. exercising the authorities of the Attorney General in the Criminal Code, the Cannabis Act, and the Controlled Drugs and Substances Act subject to a list of exclusions for items that are more appropriately dealt with through the DOJ.

There are a number of provisions in the Criminal Code and other federal statutes that require the consent of the Attorney General before steps may be taken or require the designation of an individual by the Attorney General. The definition of Attorney General in the Criminal Code allows these authorities to be exercised by a lawful deputy of the Attorney General. The long-standing practice has been for a deputy to exercise these authorities rather than the Attorney General personally. As subsection 3(4) of the Director of Public Prosecutions Act makes the DPP a lawful deputy of the Attorney General on all matters set out in section 3 of the Act, the DPP has exercised most of these authorities. The assignment recognizes these authorities without expanding the role of the DPP and without encroaching on the DPP's independence in any way.

PPSC National Committees

The PPSC has created a number of national committees to ensure appropriate governance and stewardship over how it delivers on its mandate, achieves its corporate priorities and conducts its operations.

Committees on Legal Issues

These committees deal with the legal issues that arise in the course of conducting prosecutions or providing legal advice to federal investigative agencies.

The most experienced prosecutors from every region sit on these committees and assist the PPSC's Law Practice Management Division in ensuring nation-wide consistency in the delivery of the PPSC's legal mandate.

There are three legal committees:

National Management Committees

The PPSC has nine national management committees. These committees are: Executive Council, Senior Management Team, Resource Management Committee, Security, Digital and Knowledge Management Committee, Mental Health and Wellness Steering Committee, National Occupational Health and Safety Policy Committee, National Labour Management Consultation Committee, Diversity and Inclusion Committee, and Official Languages Committee.

The following four national management committees are mandated by legislation or by central authorities in the federal government. They are chaired by national champions who tend to be from the management ranks of Headquarters (HQ) and regional offices.

These committees are:

The committee members are experienced employees from across the country with a particular interest in the committee's objectives and mandate.

Membership in the remaining five management committees has traditionally been from the most senior levels of management, which typically included Chief Federal Prosecutors (CFPs) from the PPSC's regional offices and HQ management at the executive level.

These committees are:

Federal Provincial Territorial Heads of Prosecutions Committee

The Federal, Provincial and Territorial (FPT) Heads of Prosecutions Committee was established in 1995. The Committee members are the heads of each of Canada's 12 prosecution services. This includes the heads of prosecution for the ten provincial prosecution services, as well as the Director of Public Prosecutions and the Director of Military Prosecutions. The committee's goal is to promote mutual assistance and cooperation on operational issues. The Director of Public Prosecutions (DPP) is a permanent co-chair of the Committee and a provincial co-chair is designated on a rotating basis. The PPSC also provides logistical support and secretarial services to the Committee.

Mandate

The mandate of the Committee is to:

Since its inception, the Committee has helped promote assistance and cooperation among prosecution services and facilitated the coordination of national prosecution issues and the adoption of a consistent prosecution position on those issues whenever possible.

The Committee has formed a number of subcommittees and working groups of expert federal and provincial prosecutors to inform prosecution heads on emerging issues in various areas such as Information Technology, notably for file management, digital evidence and interface with courts and law enforcement agencies, Cybercrime, Domestic Violence, Social Media and Regulatory Prosecutions: perhaps the most well-known of these is the Wrongful Convictions subcommittee, which has produced a seminal report that is updated regularly and that has been quoted by courts, including the Supreme Court of Canada.

The Committee has also produced MOUs and protocols that jurisdictions have entered into to harmonize practice in areas such as interprovincial issues and transfer of charges, anti-terrorism, security and protection of prosecutors, law office searches, disclosure, etc.

The Committee also serves as a national advisory body on prosecution issues in Canada, providing a venue where stakeholders can consult and seek the views of the Canadian prosecution community.

The Committee meets twice a year. Each prosecution service hosts a meeting on a rotating basis, with the head of the hosting agency acting as co-chair until the next meeting. The Committee may also meet on an ad hoc or urgent basis by teleconference or videoconference.

The Committee also administers the National Prosecution Awards and its annual ceremony.

Recent Issues

The Committee has recently been looking at issues such as:

Depending on the topic, outside partners can be invited. The Department of Justice Canada are frequently invited to attend meetings to get the prosecution perspective on various policy issues. Counsel from the Department's Criminal Law Policy Section are currently consulting with the Heads of Prosecutions on proposed criminal law reforms to address Canada's anti-money laundering and anti-terrorist financing regime and recently consulted the Heads on amendments to the Sex Offender Information Registration Act and the Criminal Code to expand the informational and substantive rights of victims and witnesses. Officials from Finance Canada recently consulted with the Heads of Prosecutions about possible amendments to Criminal Code provisions on predatory lending and criminal rates of interest.

Strategic Organizational Priorities

The PPSC has four main organizational priorities for 2023-24: Foster a Culture of Trust and Engagement; Advance Equity, Diversity, Inclusion and Accessibility in the Workplace; Take Action against Systemic Discrimination and Racism in the Criminal Justice System; and Modernize the Way we Work.

Foster a Culture of Trust and Engagement

This priority is about fostering a culture of trust and engagement, where all PPSC employees are treated with respect, dignity, and fairness. It focuses on promoting public trust in the criminal justice system by enhancing its engagement with external stakeholders and court participants.

Key activities for 2023-24 include:

Advance equity, diversity, inclusion and accessibility in the workplace

This priority is about the organization continuing to build an accessible, inclusive, diverse, and equitable workplace environment where all employees can thrive.

Key activities for 2023-24 include:

Take action against systemic discrimination and racism in the criminal justice system

This priority is about the PPSC continuing to contribute to the change necessary to support a criminal justice system that is more equitable and fair to all Canadians.

Key activities in 2023-24 include:

Modernize the way we work

Innovation is the way forward to building an agile workforce and a modern criminal justice system. This priority is about continuing to modernize PPSC tools and procedures, as well as prosecutorial policies and practices.

Key activities in 2023-24 include:

Equity, Diversity and Inclusion at the PPSC

The PPSC has intensified efforts to achieve an equitable and inclusive workplace that is more responsive to the realities of people who are Indigenous, Black, from historically marginalized groups or living with disabilities. The PPSC has an Advancement Centre for EDIA, which is led by our Senior Designated Official for EDIA. The PPSC also has National Councils of Employees (NCE) (Black, Indigenous, Racialized, Persons living with a disability and 2SLGBTQIA+), which are consultative groups. The initiatives described below will increase long-term employee engagement and satisfaction and ensure better representation of employment equity, diversity, inclusion and accessibility groups at all levels.

Overrepresentation and systemic discrimination in the criminal justice system

The PPSC has a key role to play in the changes needed to address systemic discrimination against and overrepresentation of Indigenous, Black and historically marginalized people in the Canadian criminal justice system.

The initiatives described below illustrate the measures the PPSC has taken to fulfill its mandate while building trust within the different communities that make up Canadian society.

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