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Youth Court

Yvan Düstock

Everything you need to know about the Crown prosecutor

For the first time in his life, David has been charged with a criminal offence. He goes to court on the day of his scheduled appearance. When he arrives in the courtroom, he sees his lawyer sitting at a table at the front of the room, near the judge and her secretary. He is kind of curious about the person dressed in a long black robe facing them – he has no idea who he is or what role he plays in the process. After the appearance, David asks his lawyer, Mr. Laliberté, about him.

“Who was that person sitting in front of me?”
“It was the Crown prosecutor,” his lawyer answers.

David doesn’t really understand what Mr. Laliberté means. He wants to find out more about this mysterious person and the important role he plays at the youth court.

Questions and answers
Who are the Crown prosecutors of Quebec?
In Quebec, the person responsible for prosecuting criminal cases is called the Attorney General (who also happens to be the Minister of Justice).

Given the large number of criminal offences committed throughout Quebec, it’s to be expected that the Attorney General cannot possibly participate in every court proceeding. In order to help him accomplish this huge task, the law allows him to delegate some of his powers to other lawyers. It’s as if they replace him. This explains why they’re called “Crown prosecutors”, or simply "Crowns" - they prosecute on behalf of the Crown. There are more than 300 Crown prosecutors across Quebec, and they’re never short of work!
What are the responsibilities of the Crown prosecutors?
Crown prosecutors represent the Attorney General before criminal courts. They also appear before the youth court whenever adolescents are involved.

When the police arrested David, they wrote a report that was sent to the Crown. Upon receiving such a report, the Crown prosecutor examines it and decides if there is enough evidence to file one or several charges against the suspect. This is one of the most important parts of her job, because the decision to charge someone has serious consequences and is never to be taken lightly. If there’s enough evidence in a case, the Crown can choose to pursue the suspect within the criminal justice system or, if the case is appropriate for extrajudicial measures, she can transfer the file to the Director of Youth Protection (DYP).

If the Crown prosecutor decides to file charges, she must carefully prepare her case, taking into account all the evidence in order to prove the adolescent’s guilt. When the case is heard before the youth court, the Crown will have the burden of convincing the judge beyond a reasonable doubt that the adolescent did indeed commit the offence. If the judge finds the adolescent guilty, the Crown then makes suggestions regarding an appropriate sentence.

When necessary, the Crown prosecutor also must assist the police officers in their investigation and offer them her professional advice. She may also update the victim about the case. The Crown’s job is quite demanding and requires a lot of preparation, as well as a strong committment to justice.

It is important to note that the Crown isn’t just focused on winning cases. The prosecutor must be truly convinced of an adolescent’s guilt before pressing charges against him. As such, her job is to assist the court in its search for the truth. When the Crown prosecutor finds evidence that may prove the youth innocent, her duty is to let the court know about it as soon as possible.
Does the Crown prosecutor represent the victim?
In the courtroom, the Crown prosecutor is often perceived as the victim’s lawyer because she usually pleads the victim's version of events. However, by prosecuting the adolescent for the alleged offence, she is not only acting in the interest of the victim, but for society as a whole. To learn more on this topic, consult the Infosheet entitled Representing the Victim.
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Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.
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