Accountability of Crown Prosecutors under the Canadian Charter of Rights and Freedoms: Constraints imposed upon abuse of process, selective prosecution and discriminatory prosecution.

摘要

Crown Prosecutors are gatekeepers to the legal system, controlling the entry of cases being handled by the remainder of the system. To carry out their role, they have been granted wide-ranging discretion to determine which cases go forward and which cases do not. Prosecutors have, to a large degree, managed to maintain considerable freedom in the exercise of their widespread powers. Administrative, professional and political accountability mechanisms appear to have a minimal impact on the control of public prosecutors. The judicial control of prosecutors may still offer some hope as a means through which the unbridled power of prosecutorial authorities may be tamed, however recent developments have not been particularly optimistic in this regard.;This thesis concentrates on the abuse of process doctrine, which has evolved into a mechanism through which the courts exercise control over the worst prosecutorial excesses. It has developed under the auspices of the Canadian Charter of Rights and Freedoms, into two lines of protection: one centred upon ensuring a fair trial for the accused, and the other centred upon protecting the integrity of the judicial process. (Abstract shortened by UMI.)