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Criminal law

Youth Court

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 the judge's assistant. He is kind of curious about the person facing them who is dressed in a long black robe. 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 the person in the black robe.

“Who was that person sitting across from 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 role he plays in youth court.

Questions and answers
Who are the Crown prosecutors of Quebec?
In Quebec, the person responsible for prosecuting criminal cases is called the Director of Criminal and Penal Prosecutions.

Given the large number of criminal offences committed in Quebec, it’s normal that the Director can’t personally participate in every court proceeding. To help him with this huge task, he is allowed to delegate some of his responsibilities to other lawyers. It’s as if they replace him. These lawyers are called “Crown prosecutors”, or simply "Crowns" because they prosecute on behalf of the Crown (the government). 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 State before criminal courts. They also appear in court whenever adolescents are involved.

When the police arrested David, they wrote a report that was sent to a Crown prosecutor. Crown prosecutors look at these reports and decide if there is enough evidence to file charges against the person suspected of a crime. This is one of the most important parts of a prosecutor’s job, because the decision to charge someone has serious consequences and can’t be taken lightly.

If there is enough evidence, the Crown can either start criminal proceedings or try to find a solution outside the formal court process. These alternative solutions are called “extrajudicial measures”. If the Crown prosecutor recommends using extrajudicial measures, the case is transferred 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. When the case is heard in youth court, the Crown will have to convince the judge beyond a reasonable doubt that the adolescent committed the offence. If the adolescent is found guilty, the Crown makes suggestions to the judge about an appropriate sentence.

Crown prosecutors also help police officers in their investigations. In addition, prosecutors inform victims of crimes about how cases are progressing.

But the Crown isn’t just focused on winning cases. The prosecutor must be truly convinced an adolescent is guilty before pressing charges. The prosecutor’s role is to help the court in its search for the truth. When a Crown prosecutor finds evidence that could show an adolescent is innocent, her duty is to let the court know about it as soon as possible.

A Crown prosecutor's job is demanding and requires a lot of preparation, as well as a strong commitment to justice.
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 society as a whole. To learn more on this topic, read 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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