Type of document: Prosecution Directive
Effective date: January 2, 2018

Prosecutors are local Ministers of Justice and as such have an obligation to discharge their responsibilities with honour and integrity. A Prosecutor must act fairly and dispassionately. Prosecutors must make decisions in a manner that is objective and consistent with the highest standards of professionalism. A Prosecutor shall be courteous, civil, and act in good faith with all persons with whom she has dealings in the course of her professional responsibilities. The conduct of the Prosecutor should always reflect favourably on the administration of justice, and inspire the confidence, respect and trust of the community.

All Prosecutors in the province of Ontario are subject to the Rules of Professional Conduct of the Law Society of Ontario.

The independence of the prosecution service is fundamental to the justice system. It is important that Prosecutors avoid circumstances where the perception of their independence is undermined. Prosecutors must avoid real or perceived conflicts of interest. Conflicts may arise as a result of a connection to a person or entity, either in their personal life or at work.

Conflict of interest

A conflict of interest may arise in any situation where a Prosecutor’s private interests are actually or may be reasonably perceived to be in conflict with her public service responsibilities. Prosecutors must not undertake any actions that would reasonably appear to be inconsistent with their professional obligations or the exercise of their prosecutorial discretion. Prosecutors must disclose to the ethics executive (Deputy Attorney General), any situation of actual or potential conflict of interest. Visit the Office of the Integrity Commissioner website.

There may be times where a Prosecutor has a relationship with a participant in a case that may reasonably undermine the public’s perception of the Prosecutor’s independence. It is important to avoid any reasonable perception that a person being investigated or prosecuted might receive preferential treatment because of the relationship that person has with a Prosecutor or her office.

The Ministry of the Attorney General may retain independent counsel on a case-by-case basis when the administration of justice and public confidence in the administration of justice requires it. Where a Prosecutor becomes aware of a conflict or a reasonably perceived conflict involving a person being investigated or prosecuted or a witness in any such proceeding, the Prosecutor must bring the case to the attention of her Crown Attorney. The Crown Attorney must determine whether there is a conflict, and if so, whether the case will be prosecuted by another member of the office, a Prosecutor in another office from the same region, or whether to contact the Director to determine the most appropriate course of action. In some instances the Assistant Deputy Attorney General-Criminal Law Division will make arrangements for an independent Prosecutor to assume carriage of the case.

Complaints process

A member of the public who wishes to make a complaint about the conduct of a Prosecutor may write her Crown Attorney (or Director if the complaint is about the Crown Attorney). Upon receipt of the complaint about a Prosecutor’s conduct, the Crown Attorney must record the information received and should acknowledge receipt within 5 business days. The complaint will be reviewed as soon as practicable. A full response should be provided in a timely manner. If the response cannot be provided in a timely way, a written explanation for the delay should be provided to the complainant.

Law Society complaints

A Prosecutor who is notified that a formal complaint has been made against her to the Law Society of Ontario must inform her Crown Attorney without delay. The Crown Attorney must inform the Director, who in turn must notify the Assistant Deputy Attorney General – Criminal Law Division. A formal response to the Law Society of Ontario should be provided by the Assistant Deputy Attorney General – Criminal Law Division. Prosecutors must keep their Crown Attorney apprised of the status of the complaint including the final disposition.

Conduct of defence counsel

If a Prosecutor believes that a formal complaint to the Law Society of Ontario is warranted in respect of conduct of a defence counsel, she must immediately inform the Crown Attorney who in turn must notify the Director. The Director must bring the matter to the attention of the Assistant Deputy Attorney General – Criminal Law Division. In appropriate circumstances, a formal complaint may be forwarded to the Law Society of Ontario by the Assistant Deputy Attorney General – Criminal Law Division.

Counsel as a witness

A Prosecutor who receives a subpoena, or has been asked to testify in any case, should immediately inform her Crown Attorney.

A circumstance may arise where a Prosecutor determines that the interests of justice require that counsel for the accused provide evidence. In these circumstances, the Prosecutor must obtain the prior approval of the Crown Attorney and Director before seeking that evidence.

Civil lawsuits or charges

Prosecutors who are the subject of a lawsuit, a charge under the Criminal Code, other federal legislation, or a serious provincial offence (e.g. Part III offences under the Provincial Offences Act) must inform their Crown Attorney without delay. The Crown Attorney must inform the Director, who must notify the Assistant Deputy Attorney General – Criminal Law Division. Prosecutors must keep their Crown Attorney apprised of the status of the proceedings including the final disposition.