Public Concerns Pathway

Bad Faith

Generally, the Law Society will not review the exercise of prosecutorial discretion. The Law Society may review if it is alleged that the discretion was exercised in bad faith. Otherwise, Crown prosecutors are held to the same standard as any other lawyer appearing before the court.

Examples of prosecutorial discretion exercised in bad faith may include:

• concealing information in violation of the law.
• ignoring or hiding relevant cases and authorities that may contradict the Crown’s position.
• deliberately misleading the court.
• engaging in discrimination on a prohibited basis.
• delaying decisions on files, especially when they affect:
  • the accused’s incarceration;
  • public safety; or
  • public confidence.

Often these concerns will arise out of, or are highlighted in, a decision of the court. If this is the case, provide the Law Society with the decision of the court. If you believe prosecutorial discretion was exercised in bad faith or if a court has issued a decision questioning the conduct of the Crown prosecutor in exercising their prosecutorial discretion, submit a complaint. 

Common Questions