Transition Book - 2024

Governance

Biographical Notes

David Antonyshyn, Deputy Director of Public Prosecutions

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 Public Prosecution Service of Canada (PPSC) on November 1, 2018, as one of the two Deputy Directors of Public Prosecutions.

Shannon O’Connor, Director General and Senior General Counsel for the Headquarters Counsel Group

Shannon O’Connor began her legal career in 2010, after obtaining her Juris Doctor from Queen’s University and her Master of Laws in International and European Law from the Université Jean Moulin Lyon III in Lyon, France. In 2011, she clerked for the Superior Court of Justice in Toronto. She then worked in Toronto as a criminal defence lawyer in private practice until 2015, when she moved to Iqaluit to join Legal Aid Nunavut. In 2017, she joined the PPSC’s Nunavut Regional Office as a Team Leader and served in that position until she was appointed as the Chief Federal Prosecutor in September 2019.

Shehas been the Director General and Senior General Counsel for the PPSC’s Headquarters Counsel Group since May 2022.

Levino Caravaggio, Senior Director General, Corporate Services

Upon completing a B.A. Sc. in Mechanical Engineering at the University of Ottawa, Levino Caravaggio began his career in the aerospace industry as a spacecraft test engineer. After the successful launch of the Radar Satellite Radarsat-1, he moved to the Information and Communications Technologies field as a project manager and rose through the ranks at several start-ups and multinational companies. Levino then joined the National Research Council of Canada Industrial Research Assistance Program (IRAP) in 2017 as Director of the Concierge Service, providing Canadian companies relevant information on available government programs for businesses. As a result of Budget 2018, Levino joined Innovation, Science and Economic Development Canada as Senior Director to lead the consolidation of the IRAP Concierge Service and the Accelerated Growth Service into a one-stop shop for high-growth firms to identify and access government support. After completing the consolidation and supporting companies through the COVID pandemic, Levino was promoted to Director General (DG). As DG, and in close collaboration with his team, Levino successfully launched several new initiatives including the Global Hypergrowth Project, Service for Regulators (a project aimed at reducing regulatory red tape) and the implementation of a sector-wide, cloud-based Client Relationship Management tool.

Levino joined the PPSC in September 2022 as the Senior Director General of Corporate Services and has since been working with colleagues in modernizing the workplace, among other departmental objectives.

Mélanie Lamoureux, Chief Financial Officer

Mélanie Lamoureux holds a bachelor’s degree of Commerce in Accounting from the University of Ottawa and is a Chartered Professional Accountant. She entered the public service in 1999, when she joined Correctional Services of Canada as a Junior Financial Analyst. She gained 25 years of experience in the federal government occupying various positions in the financial management field within a variety of departments ranging from micro to large departments (Natural Resources Canada, Environment Canada, Military Police Complaints Commission, and Public Works Government Services Canada.)

She co-chaired the Small Department and Agency Finance and Administrative Networks from 2022 to 2024, where she led various initiatives in collaboration with other departments and central agencies.

Mélanie was appointed Chief Financial Officer (CFO) of the PPSC effective August 31, 2018. Prior to her appointment she occupied the Deputy Chief Financial Officer of the PPSC for 10 years. As the CFO, she is a key member of the senior management; a steward with respect to financial and acquisition management legislation, regulations, policies, directives, and standards; an effective leader of the finance, accounting functions and is the senior designated official of procurement and material management.

Éric Marcoux, Supreme Court Litigation Coordinator

After completing his law studies at the Université de Montréal in 1998, Éric Marcoux was hired as a law clerk to the Honourable Justice Claire L'Heureux-Dubé at the Supreme Court of Canada. He then worked as a Québec Crown prosecutor in Montreal where he joined the Bureau de lutte au crime organisé and participated in mega-trials before juries.

In 2007, the call of the outdoors led him to join the PPSC at the Yukon Regional Office. In this office, he was appointed senior counsel and then team leader. In 2018, he was promoted to general counsel, and in 2020 to senior general counsel with the Supreme Court of Canada litigation coordination.

Over the past 23 years as a prosecutor, Éric has appeared before the various courts of Québec, Yukon and Nunavut, and has participated in several appeals and interventions before the Supreme Court of Canada.

In July 2024, Éric will officially become the Supreme Court Litigation Coordinator and official PPSC correspondent for all Supreme Court matters.

Cathy Rodrigue, Chief Audit and Evaluation Executive

Cathy Rodrigue holds a Bachelor of Commerce degree from Carleton University, and an International Master of Business Administration from the University of Ottawa. She maintains her Certified Internal Auditor designation.

She joined the PPSC as the Chief Audit and Evaluation Executive in September 2017 from Shared Services Canada, where she helped to establish the internal audit function for the newly created department.

Marie-Michèle Meloche, Senior Designated Official for Equity, Diversity and Inclusion and Director General of the Advancement Centre for Equity, Diversity, Inclusion and Accessibility

Member of the Quebec Bar Association since 1993, Marie-Michèle has been a lawyer with the Public Prosecution Service of Canada (PPSC) - Quebec Regional Office since that date. She has acted as a prosecutor in several major cases of contraband, drug trafficking and importation, possession and recycling of the proceeds of crime. As a designated wiretap agent, Marie-Michèle has presented several ex parte applications before specially designated judges. She has provided numerous training sessions to investigative agencies, on topics such as disclosure of evidence, drafting of judicial authorizations, and police informer privilege.  In 2011, she focused her career on management, serving as a supervisor/team leader and subsequently as Deputy Chief Federal Prosecutor, a position she held until January 2021. Since that time, she reported directly to the Office of the Director of Public Prosecutions as the Senior Designated Official for Equity, Diversity and Inclusion and Director General of the Advancement Centre for Equity, Diversity, Inclusion and Accessibility. Marie-Michèle was a lecturer at the University of Montreal and taught the Introduction to Criminal Law course. Between 2013 -2017, she participated in the work of the National Wiretap Experts Committee (NWEC). She co-chaired the National Prosecution Policy Committee (NPPC) from 2015 to 2017. Since November 2017, she has served as PPSC National Equity, Diversity and Inclusion Champion.

Role of the Director of Public Prosecutions

Duties of a 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. 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.

Prosecutors have significant discretion. This discretion covers decisions to institute, continue or terminate criminal proceedings. In making these decisions, prosecutors 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 must exercise this discretion fairly and independently. Prosecutorial independence is a key tenet of the Canadian criminal justice system. In Alberta v. Krieger, 2002 SCC 65, the Supreme Court of Canada held that “[i]t 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 that the decision is made independently.

Duties and Functions of the Director of Public Prosecutions

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 Act makes 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, were codified in statute and transparent.

The DPP Act identifies the duties and functions of the DPP. Under section 3(3) of the Act, the DPP has the authority 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, and advise law enforcement agencies on matters related to prosecutions generally and investigations that may lead to a prosecution.

In fulfilling these duties, the DPP acts “under and on behalf of the Attorney General.” The relationship between the Attorney General and the DPP is therefore of the utmost importance so that they can both 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 the DPP Act, or unless the Attorney General assumes the conduct of the prosecution under section 15 of the Act. The DPP has the sole authority over the conduct of prosecutions under the Canada Elections Act by virtue of section 3(8) of the DPP Act, including any appeal or proceeding related to such a prosecution.

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. More information about this duty is found at Tab 15 – “Notices under Section 13 of the DPP Act.”

Although not required by the DPP Act, the Attorney General may seek the advice of the DPP on the potential effects that policy, legislation, or litigation may have on prosecutions.

The DPP must provide an Annual Report on the activities of the PPSC to the Attorney General for tabling in Parliament.

Assignments Issued by the Attorney General

Beyond the duties and functions specifically listed in the DPP Act, the Attorney General may also assign the DPP any other power, duty or function that is compatible with the DPP’s office. Since the DPP Act came into force, the Attorney General has issued six assignments to the DPP under section 3(3)(g) of the DPP Act, four of which are still in effect. These four assignments are available on the PPSC website. These assignments ask the DPP to:

  1. Develop a set of best practices for prosecuting frauds involving governments.
  2. Conduct prosecutions that the Attorney General may undertake pursuant to agreements with the provincial Attorneys General.
  3. Administer the National Fine Recovery Program and conduct proceedings to enforce the collection of outstanding federal fines, including the bringing of civil proceedings.
  4. Exercise 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.

Directives Issued by the Attorney General

The Attorney General may issue two types of directives under section 10 of the DPP Act. First, the Attorney General may issue a directive to the DPP with respect to the initiation or conduct of a specific prosecution. Second, the Attorney General may issue a directive to the DPP with respect to the initiation or conduct of prosecutions generally. The DPP Act requires that both types of directives be in writing and published in the Canada Gazette. Section 11 of the DPP Act allows a delay in the publication of a directive relating to a specific prosecution, but this delay cannot extend beyond the completion of the prosecution or any related prosecution.

No directive has ever been issued to the DPP in relation to a specific prosecution. The Attorney General has only issued directives of general application. These directives are published on the PPSC website and the contents of these directives are found in the PPSC Deskbook along with Guidelines issued by the DPP.

Power of the Attorney General to Assume the Conduct of Prosecutions

Section 15 of the DPP Act provides the Attorney General with the power to assume the conduct of a prosecution, except for prosecutions initiated under the Canada Elections Act. Before assuming the 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. The Attorney General has never exercised this power since the PPSC was created in 2006.

Delegated Decision-making

While the DPP is responsible to conduct federal prosecutions under the Act, in practice most prosecution decisions are made by prosecutors pursuant to authorities delegated by the DPP under section 9 of the DPP Act. In this way, previous DPPs have authorized federal prosecutors and other employees to perform the duties and functions of the DPP related to prosecutions, such as the power to initiate and conduct prosecutions.

Certain prosecutorial decisions require specific higher-level approval. Some offences in the Criminal Code and in other federal statutes require the consent of the Attorney General or the Deputy Attorney General before a prosecution can be initiated or before a certain step can be taken in a criminal proceeding. The DPP has the authority to provide the required consent as the Deputy Attorney General of Canada, and some of these authorities have been delegated to certain levels of prosecutors. The delegated authorities and the required levels to provide consent can be found in the Delegation to federal prosecutors and persons acting as federal prosecutors, the Delegation to paralegals and Delegation to articling students, all of which are publicly available on the PPSC website.

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 Prosecution Policy and Knowledge Integration Division in ensuring nation-wide consistency in the delivery of the PPSC’s legal mandate.

There are three legal committees:

National Prosecution Policy Committee
Acts as a sounding board on significant legal issues and policy advice on matters that affect the PPSC nationally. It also makes recommendations on AG Directives issued under s. 10(2) of the DPP Act, DPP Guidelines used under s. 3(3)(c) of the DPP Act and other memoranda or advice to federal prosecutors on legal issues that require national consistency.
National Litigation Committee
Makes recommendations on appeals and interventions in the Supreme Court of Canada.
Indigenous Justice and Reconciliation Committee
Examines how Indigenous people interact with the criminal justice system as victims, witnesses, accused, jurors, PPSC employees and members of the public. The committee reviews prosecution directives and policies in light of the 94 calls to action of the Truth and Reconciliation Commission.

National Management Committees

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

The following three 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:

Executive Council
Sets the strategic priorities and directions of the PPSC on legal, policy, corporate management, and law practice management issues. The committees listed below, as well as the National Labour Management Consultation Committee, and the Official Languages Committee all report to the Executive Council.
Senior Management Team
Is not a decision-making body. It is a forum to discuss trends and issues and share information on current sectoral developments and substantial management and legal issues.
Resource Management Committee
Oversees budgeting, spending, and Human Resources management, and ensures compliance with legislative and federal policy authorities.
Security and Information Management Committee
Supports the deputy head in the effective management of security, information technology and information management to support PPSC program and service delivery.
Mental Health and Wellness Steering Committee
Provides advice and guidance to the PPSC on strategies, programs, initiatives and employee communication and engagement in order to create a culture that enshrines psychological health, safety and well-being in all aspects of the workplace through collaboration, inclusivity and respect.

PPSC National Councils for Employees

The PPSC has established and been supporting five (5) National Councils for Employees. They are:

Members of those National Councils represent the unique needs of their respective groups nationally. They advise on the challenges and barriers of their group with regards to recruitment, training, career and development, accommodation and retention.

National Councils may be invited to provide input and influence on PPSC and Government of Canada EDIA initiatives, review organizational objectives and initiatives with an EDIA lens, consult and engage other PPSC employees on EDIA matters, amongst other things.

External Stakeholders and Committees

The DPP and the PPSC regularly participate in various national and international committees and organizations working on criminal justice issues. The DPP is heavily involved in the work of the Federal, Provincial, and Territorial (FPT) Heads of Prosecutions Committee (HoP). This Committee was established in 1995 and includes the DPP, the heads of prosecution for the ten provinces as well as the Director of Military Prosecutions. The mandate of the Committee is to serve as a national forum for the discussion of prosecutions and prosecution-related issues, and to facilitate the exchange of information and best practices on legal and managerial issues among the prosecution services of Canada. The DPP is a permanent co-chair of this committee while the other co-chair is designated on a rotating basis among the provincial prosecution services. The PPSC also provides logistical support and secretarial services to this Committee.

Beyond the HoP, the DPP and the PPSC also participate to the work of several national committees and organizations, including:

The DPP and the PPSC also participate to the work of the international committees and organizations, such as:

Strategic Organizational Priorities

The PPSC has four main organizational priorities for 2024-2026: 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 2024-25 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 2024-25 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 2024-25 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 2024-25 include:

Equity, Diversity, Inclusion and Accessibility 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.

As stated in our Equity, Diversity, Inclusion, and Accessibility (EDIA) Action Plan, our EDIA Commitments are:

Throughout 2023-2024, we remained focused on two broad but critical objectives:

Our EDIA Governance Structure is essential to our EDIA maturity. The Advancement Centre for EDIA has hosted quarterly meetings of the co-leads of our five National Councils of Employees (NCEs), as well as our 11 Regional EDIA Committees (REDIACs). Sharing information regularly with both groups, supporting their priorities and working to alleviate their concerns, is central to building trust within the organization.

Progress Related to Accessibility

Accessibility is a priority at the PPSC. We are striving to become an organization where every employee living with a disability feels that they belong.

The most significant accomplishment of the past year was the creation of a Accessibility Support Centre (ASC) for employees living with a disability, an injury or an illness. This new support centre was established as a two-year pilot project.

The ASC will become a centre of expertise for all matters related to accessibility and workplace adjustments for employees living with a disability, an injury or an illness.

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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