How might these proposed changes in Bill C-9 impact crowns' determination as to the reasonable prospect of conviction where so many charges are currently thrown out?
How might the proposed changes in Bill C-9 impact crowns' determination as to the reasonable prospect of conviction where so many charges are currently thrown out?
Bill C-9 will provide sharper tools to law enforcement but is not the solution to charges being thrown out by prosecutors. Instead, we need to see consistency in approaches taken to charges targeting the community through dedicated/designated prosecutors, training and education and greater engagement with community when decisions to drop charges are made. The community cannot determine how the prosecution exercises its discretion, but prosecutors can greatly improve their consultation with complainants and the community in informing their decision-making and building more confidence in the decisions made. As well, in too many instances, prosecutors and police hold disparate views on the merits of cases, despite no changed circumstances. We need to ensure that they shared common perspectives on these cases to the extent possible.