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Chapter 51

The Federal Prosecution Service DESKBOOK

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Part X
EMPLOYMENT RELATED ISSUES
Chapter 51

51 PROFESSIONAL DEVELOPMENT

51 PROFESSIONAL DEVELOPMENT

51.1 Introduction

The role of Crown counsel is crucial to the administration of criminal justice. It has become much more challenging in recent years due to the promulgation of the Charter, changes in legislation, and social policy concerns. The complexity of cases has increased tremendously, due to the constitutional dimension, the targeting of higher level perpetrators of organized crime, and the pursuit of proceeds of crime.

Training and other forms of professional development are essential to prepare counsel to respond effectively to these demands, and for the Department of Justice to foster a culture of individual excellence.

The need for training has been highlighted in recent years by several high-profile examples of wrongful conviction. In the Report of the Commission on Proceedings Involving Guy Paul Morin, the Honourable Fred Kaufman, C.M., Q.C., made numerous recommendations concerning the necessity of providing training for Crown counsel to minimize the risk that wrongful convictions will occur¹. Similarly, the FPT Heads of Prosecution Committee’s Report of the Working Group on the Prevention of Miscarriages of Justice stressed the importance of training in instilling a workplace culture that encourages Crown counsel to be open to alternative theories of the case to avoid the development of “tunnel vision.”² The Report urged prosecution services to educate Crown counsel on the causes and prevention of wrongful convictions and thus promote a stronger, fairer justice system.

51.2 Departmental Initiatives

The Department of Justice has a formal Continuing Legal Education Policy, which requires each of its lawyers to take a minimum of 12 hours training, or to teach for at least four hours, every year. It requires supervisors to conclude a written agreement with their lawyers, as part of the performance review (PREA) process, setting out the training the latter will take or deliver. Then, within 90 days after all PREA’s are due, every office must present, to the CLE Division, a plan which forecasts training for its staff and clients, based on their needs and current delivery capabilities. The policy may be found on the Department’s Intranet site, under the “Continuing Legal Education” section of the Associate Deputy Minister responsible for civil law and corporate management.

In addition, the Department has adopted a corporate objective requiring employees to take five days of professional development per year. While these five days may be used for the training contemplated by the CLE policy, they may also be used to pursue a broader range of activities that may enrich counsel's professional life.

51.3 Purpose of the Policy

The purpose of this policy is to: a) outline the governing principles to professional development; and, b) to provide information on the types of training available to Crown counsel.

51.4 Statement of the Policy

This policy is based on a number of principles that guide individual Crown counsel and the Federal Prosecution Service in their pursuit of the public interest. These principles are:

51.4.1 Commitment to professional excellence

Crown counsel are expected to maintain a high level of expertise by keeping abreast of developments in the law.

51.4.2 Investment in individuals

The Department of Justice and the Federal Prosecution Service are committed to ensuring that work is carried out by individuals who have received necessary training. Managers have a duty to see that these objectives are met.

51.4.3 Responsibility to the administration of justice

The judiciary expects high standards from Crown counsel, standards that can't be met without adequate training.

51.4.4 Responsibility to society

As with the judiciary, society expects much of Crown counsel. For example, society properly expects Crown counsel to be sensitive to diversity and gender equality issues, areas which require specialized training.

51.4.5 Responsibility to investigative agencies

Police officers and other investigators rely now more than ever on advice from Crown counsel, and counsel need training to ensure that they can meet the expectations of, and obligations to, investigative agencies.

51.4.6 Responsibility to accused persons

Crown counsel exercise considerable discretionary authority with respect to accused persons, and accused persons have reasonable expectations that decisions affecting their liberty will be made fairly.

51.5 Types of Professional Development

51.5.1 Orientation

51.5.1.1 Departmental Orientation Program

The Department of Justice offers an orientation program for new employees intended to complement any specific orientation programs offered by Regional Offices or Headquarters. The program has three components.

The Employee Guide, which offers information on matters such as the Department's history and present organization, pay and benefits, and lists of key contacts;

The Manager's Guide, which contains detailed information on how to properly welcome new employees; and,

An Intranet Site, which gives information on human resource issues, organizational charts and other useful information.

51.5.1.2 FPS Kit

All new Crown counsel receive a kit containing items such as their letter of appointment, the FPS Deskbook and other relevant publications.

51.5.2 Conferences / Seminars

51.5.2.1 Prosecutors’ Conference

The annual Prosecutors’ Conference provides an opportunity for a broader cross-section of our staff to meet, to study and discuss issues and policies of importance to us all. It also helps to strengthen our organizational identity, and promote pride in our colleagues’ talents and accomplishments.

51.5.2.2 School for Prosecutors

The annual School for Prosecutors is an intensive seven-day training course on substantive law, policies, and practice. It is targeted at counsel with two to five years experience, and it aims to foster individual excellence, boost esprit de corps, and promote networking.

51.5.2.3 Ontario Regional Office Conference

The Ontario Regional Office in Toronto has an annual week-long training program, with presentations by senior members of its staff, along with high profile members of the judiciary, the defence bar, and the academic community. Counsel from other regions also attend.

51.5.2.4 Legal Agents Seminar

A specialized training course has been run for standing prosecution agents. It is imperative that our agents understand the significance of acting for the Attorney General of Canada, and what is required to properly discharge the high responsibilities of the Crown.

51.5.2.5 Proceeds of Crime Program

A “problem based learning” program has been given to counsel who work in Integrated Proceeds of Crime Units with police.

51.5.2.6 Tax Seminar

The Department of Justice and the Canada Customs and Revenue Agency have an annual joint seminar on tax prosecutions.

51.5.2.7 Continuing Legal Education Programs

Our counsel have participated in continuing legal education programs of their Law Societies, the Federation of Law Societies, and the Canadian Bar Association.

51.5.2.8 Sharing Knowledge

Criminal Law Sections in local offices have their own informal section meetings, brown bag lunch presentations and case discussions, as well as disseminating copies of facta and other resource materials electronically.

Because our work frequently requires undertaking lengthy and complex prosecutions, reports are often prepared, and presentations given, on the lessons learned from these cases.

51.5.2.9 Provincial Prosecution Programs

Crown counsel often attend, or teach at, programs run by provincial prosecution services.

51.5.3 Exchange Programs

51.5.3.1 FPS Exchange Programs

The FPS has an exchange program under which Crown counsel may move between Regional Offices, or between a Regional Office and headquarters. Some counsel also participate in the Northern Flying Squad, a program which permits Crown counsel from other Regions to prosecute in the three Territories.

Less frequently, Crown counsel have exchanged positions with prosecutors in other countries such as Australia. These exchanges are arranged in consultation with the Department's Francophonie and Visitors and Professional Interchange Program.

51.5.3.2 Federal Provincial Territorial (FPT) Prosecutors Registry

The Executive Director of Public Prosecutions for Saskatchewan administers the FPT Registry, a clearinghouse for prosecutors interested in intra-provincial, extra-provincial or international exchanges. Selection of participants is based on merit and exemplary service. The program is open to managers as well.

51.5.4 Publications

51.5.4.1 FPS Deskbook

The FPS Desk Book elaborates the responsibilities of the Crown, and states specific policies on such matters as “the decision to prosecute”, and “disclosure”.

51.5.4.2 Guide to Gender Equality Analysis

The Department has prepared a guide to assist litigators with identifying and addressing gender issues in litigation.

51.5.4.3 Other Publications

For information on other useful publications, see Part VI, Chapter 52, “Other Departmental Publications”.

51.5.5 Mentoring

Mentoring is practised both informally (by ensuring senior counsel have an “open door” policy for junior counsel) and formally (through the establishment of designated mentors).

51.5.6 Teaching

A number of our counsel teach clients, police, law students, and fellow practitioners through various Justice and external programs (with participation in the latter being conditioned upon approvals under s. 121 of the Criminal Code, and the observance of Conflict of Interest Guidelines which are administered by our Corporate Counsel)³.

51.6 Managers' Responsibilities

Group Heads have a pivotal role to play in ensuring that training is accomplished to the full extent that our resources permit. This means, for example, that new employees must be given copies of the Federal Prosecution Service Deskbook, and a paper by our Corporate Counsel entitled “Crown Prosecutors and Conflict of Interest”, and it must be ascertained that they have read and are familiar with these works. They must be given the opportunity to junior and commune with mentors. After several years of practice, they must be sent to the School for Prosecutors. More experienced lawyers must be given every reasonable opportunity to participate in professional development programs.

1 Ontario: Queen's Printer, 1998, vol. 2, pp. 1134-1138.

2 See Chapter 4 of the Report, at (http://www.justice.gc.ca/eng/dept-min/pub/pmj-pej/index.html) (2005).

3 For further information, see Part X, Chapter 50, “Conflict of Interest: Outside Employment”.