Charge Assessments in Personal Conflict of Interest Situations

I recommend that the Criminal Justice Branch amend its existing written policies so that they provide substantially as follows:

Recommendation 1: A member of the Branch shall not provide legal advice to an investigating officer, or conduct a charge assessment or prosecution in a matter in which: a. an accused or potential accused, a victim, or a material witness is a relative or friend of the member, or b. the member’s personal interest (including the member’s relationship with an accused or potential accused, a victim, or a material witness) is such that an informed member of the public acting reasonably would conclude that there is a risk that the member might not act with undivided loyalty to the public interest.

Charge Assessments in Personal Conflict of Interest Situations

I recommend that the Criminal Justice Branch amend its existing written policies so that they provide substantially as follows:

Recommendation 2: A member of the Branch who believes that another member of the Branch working in the same Branch region has a disqualifying conflict in a matter shall not provide legal advice to an investigating officer, or conduct a charge assessment or a prosecution in that matter.

Charge Assessments in Personal Conflict of Interest Situations

I recommend that the Criminal Justice Branch amend its existing written policies so that they provide substantially as follows:

Recommendation 3: In any situation described in paragraph 1 or 2, responsibility for providing legal advice to an investigating officer, or conducting a charge assessment or prosecution, shall be assigned to: a. a member of the Branch working in a different Branch region, or b. a lawyer in private practice.

Charge Assessments in Personal Conflict of Interest Situations

I recommend that the Criminal Justice Branch amend its existing written policies so that they provide substantially as follows:

Recommendation 4: A member of the Branch or lawyer in private practice shall not accept a referral under paragraph 3 where his or her relationship with the disqualified member is such that an informed member of the public acting reasonably would conclude that there is a risk that the member or lawyer might not act with undivided loyalty to the public interest.

Charge Assessments in Institutional Conflict of Interest Situations

I recommend that the Criminal Justice Branch amend its existing written policies so that they provide substantially as follows:

Recommendation 5: A member of the Branch shall not provide legal advice to an investigating officer, or conduct a charge assessment or prosecution in relation to an accused or potential accused who is: a. an officer of a municipal police department or of the RCMP serving in British Columbia, whether or not the offence is alleged to have occurred while the officer was on duty. b. a British Columbia cabinet minister. c. a senior British Columbia public or ministry official. d. any other person, if an informed member of the public acting reasonably would conclude that, because of the relationship between the accused or potential accused and the Branch, there is a risk that a member of the Branch might not act with undivided loyalty to the public interest.

Charge Assessments in Institutional Conflict of Interest Situations

I recommend that the Criminal Justice Branch amend its existing written policies so that they provide substantially as follows:

Recommendation 6: In any situation described in paragraph 1, the Report to Crown Counsel shall be delivered to the Assistant Deputy Attorney General, who shall refer the request for legal advice, or the charge assessment and any resulting prosecution to one of the following: a. a special prosecutor appointed under the Crown Counsel Act, or b. a lawyer in private practice in British Columbia or another Canadian jurisdiction, or c. a Crown prosecutor in another Canadian jurisdiction.

Inadequate or Incomplete Reports to Crown Counsel

I recommend that page 6 of Crown Counsel policy CHA 1 (Charge Assessment Guidelines) be amended to read substantially as follows:

Recommendation 7: In order that Crown Counsel can appropriately apply the charge assessment standard, it is essential that a Report to Crown Counsel provide a complete, accurate, and detailed statement of the available evidence.

Inadequate or Incomplete Reports to Crown Counsel

I recommend that page 6 of Crown Counsel policy CHA 1 (Charge Assessment Guidelines) be amended to read substantially as follows:

Recommendation 8: A Report to Crown Counsel shall include the following information: a. a comprehensive description of the evidence supporting each element of the suggested charge(s), b. a recommendation respecting who should be charged and for what offence(s), c. where the evidence of a civilian witness is necessary to prove an essential element of the charge (except for minor offences), a copy of that person’s written statement, d. necessary evidence check sheets, e. copies of all documents required to prove the charge(s), f. a detailed summary or written copy of the accused’s statement(s), if any, and g. the accused’s criminal record, if any.

Inadequate or Incomplete Reports to Crown Counsel

I recommend that page 6 of Crown Counsel policy CHA 1 (Charge Assessment Guidelines) be amended to read substantially as follows:

Recommendation 9: In a complex case, the material in the Report shall be organized and indexed.

Inadequate or Incomplete Reports to Crown Counsel

I recommend that page 6 of Crown Counsel policy CHA 1 (Charge Assessment Guidelines) be amended to read substantially as follows:

Recommendation 10: When a Report to Crown Counsel does not comply with these standards, Crown Counsel shall communicate with the investigator respecting the additional information and/or materials required and may, where appropriate, seek guidance or assistance from Administrative Crown Counsel.