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The Federal Prosecution Service DESKBOOK
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Citation of the Federal Prosecution Service Deskbook
This appendix deals with the cases and authorities which have made reference to the Federal Prosecution Service Deskbook, or its predecessor, the Crown Counsel Policy Manual. Some reference is also made to citation of the policy manuals of other prosecution services.
A) General References
M. Proulx and D. Layton, Ethics and Canadian Criminal Law (Toronto: Irwin Law, 2001)
-- at p. 648 describes FPS Deskbook as “one of the best sources of ethical guidance [for prosecutors]
”.
B) Legal Relevance of Deskbook and Other Manuals
It appears to be generally accepted in Canada that the Deskbook and similar manuals do not have the force of law. See: R. v. Atomic Energy of Canada Ltd., [2001] O.J. No. 1580 (Q.L.) (Ont.S.C.J.); R. v. Wilder, [2001] B.C.J. No. 2918 (Q.L.), 2001 BCSC 1634; Stucky v. A.G.Canada, 2004 F.C. 1769; R. v. Blencowe (1997), 118 C.C.C. (3d) 529, 35 O.R. (3d) 536 (Ont.Ct. (Gen.Div.)) (Ontario manual); R. v. Taker (1996), 32 W.C.B. (2d) 124 (Ont.Ct. (Prov.Div.)) (Ontario manual).
In Great Britain, failure by the prosecution to follow the guidelines of the Crown Prosecution Service has given rise to administrative law remedies. See, e.g., R. v. D.P.P. ex p. Manning and Another [2000] 3 W.L.R. 463 (Q.B.), and the cases discussed in M. Burton, “Reviewing Crown Prosecution Service Decisions not to Prosecute,
” [2001] Crim. Law Rev. 374;compare Stucky, above.
C) Annotated Guide to Citation of FPS Deskbook
Part I - UNDERSTANDING CRIMINAL LAW IN CANADA
Chapter 1 - Sources of the Criminal Law in Canada
Chapter 2 - The Constitutional Framework for Federal Prosecutions
Chapter 3 - The Role of the Minister of Justice and the Attorney General in Developing and Enforcing the Criminal Law
Chapter 4 - The Independence of the Attorney General
Part II - THE FEDERAL PROSECUTION SERVICE-ORGANIZATION AND MANDATE
Chapter 5 - The Federal Prosecution Service
Chapter 6 - The Functional Responsibility of the Assistant Deputy Attorney General (Criminal Law)
Chapter 7 - The Role of Agents in the Delivery of Prosecution Services
R. v. BGI Atlantic Inc., [2002] N.J. No.210 (Nfld. & Lab. S.C.T.D.)
-- conflict of interest
Part III - PRINCIPLES GOVERNING CROWN COUNSEL’S CONDUCT
Chapter 8 - Independence and Accountability in Decision Making
Chapter 9 - Duties and Responsibilities of Crown Counsel
R. v. Le, [2001] A.J. No. 323; 2001 ABQB 195
-- effect of prior employment of DOJ secretary by defence
Chapter 10 - Communications with the Media
Chapter 11 - The Relationship between Crown Counsel and Police
R. v. Trang, [2002] A.J. No. 386; 2002 ABQB 286
-- role of IPOC counsel
-- IPOC counsel may act as prosecutor
Chapter 12 - Contacts with the Courts
Part IV - LITIGATION FRAMEWORK
Chapter 13 - Management of Litigation
R. v. Trang, [2002] A.J. No. 386; 2002 ABQB 286
-- assistance to investigative agencies (para.34)
Chapter 14 - Alternative Measures (Diversion)
Part V - PROCEEDINGS AT TRIAL AND ON APPEAL
Chapter 15 - The Decision to Prosecute
R. v. Derose, [2002] A.J. No. 1259, 2002 ABPC 54
-- “reasonable prospect of conviction
” test not a s.7 Charter standard
Chapter 16 - Decisions Made by, and on Behalf of, the Attorney General
R. v. Eriksen, [2002] Y.J. No.89 (T.C.)
--FPS Director has no authority to give consent to prosecute under s.136(3) of Criminal Code
Chapter 17 - Direct Indictments
R. v. Chan (2003), 172 C.C.C. (3d) 349, [2003] A.J. No. 219 (Q.L.), 2003 ABQB 169; R. v. Trang, [2002] A.J. No. 1008(Q.L.), 2002 ABQB 744 (para.419)
-- information required by policy for consideration of request for direct indictment is privileged
Stucky v. A.G.Canada, 2004 F.C. 1769
--no requirement to disclose all documents considered by Deputy Attorney General before signing direct indictment (in context of application to quash direct indictment)
Chapter 18 - Disclosure
R. v. Giroux, [2001] O.J. No. 5495 (Q.L.) (Ont.S.C.J.)
--notes of Crown expert subject to work product privilege
R. v. Fehr, [2002] S.J. No.59, 2002 SKPC 8
-- no duty to provide copy of Deskbook by way of pre-trial disclosure
R. v. Blencowe (1997), 118 C.C.C. (3d) 529, 35 O.R. (3d) 536
(Ont.Ct. (Gen.Div.))
-- disclosure policy does not trump constitutional obligations (Ontario manual)
Chapter 19 - Elections and Re-Elections
R. v. Wilder, [2001] B.C.J. No. 2918 (Q.L.), 2001 BCSC 1634
-- no duty to disclose reasons to proceed via indictment
R. v. Ng (2003), 173 C.C.C. (3d) 349 (Alta.C.A.)
-- no duty to disclose reasons for refusing to consent to re-election
R. v. Conners, [1996] B.C.J. No.89 (Q.L.) (B.C.S.C.)
-- relevance of likely Crown election to police authority to fingerprint
(B.C. manual)
Chapter 20 - Plea and Sentence Discussions and Issue Resolution
Chapter 21 - Waiver of Charges
Chapter 22 - The Decision to Appeal
Chapter 23 - Appeals in the Supreme Court of Canada
Part VI - POLICY IN CERTAIN TYPES OF LITIGATION
Chapter 24 - Proceeds of Crime
Chapter 25 - Aboriginal Law Issues
Chapter 26 - Private Prosecutions
Chapter 27 - Impaired Driving Cases: Notice to Seek Greater Punishment
Chapter 28 - Spousal Violence
Chapter 29 - Victims of Crime
Chapter 30 - Parental Child Abduction
Chapter 31 - Firearms and Other Offensive Weapons
Chapter 32 - R. v. R. – Prosecutions Against the Crown
Chapter 33 - Corruption of Foreign Officials
Chapter 34 - Official Languages in Prosecutions
Part VII - POLICY ON CERTAIN EVIDENTIARY ISSUES
Chapter 35 - Immunity Agreements
Chapter 36 - The “Police Informer
” Privilege
Chapter 37 - Protecting Confidential Information under the Canada Evidence Act
Chapter 38 - Release of Exhibits for Testing or Examination
Chapter 39 - Sealing Orders
Part VIII -INTERNATIONAL ASSISTANCE
Chapter 40 - The Role of the Minister of Justice in Extradition
Germany (Federal Republic) v. Schreiber (2001), 152 C.C.C. (3d) 499 (Ont.S.C.J.)
-- role of IAG
-- relevance of testimony of member of IAG pre-committal and post-committal
Chapter 41 - Extradition: Provisional Arrest
Chapter 42 - Extradition of Canadians Citizens for Acts which could be prosecuted in Canada
Chapter 43 - Mutual Legal Assistance in Criminal Matters
Chapter 44 - Authorization to Travel Abroad
Part IX - DEPARTMENT CONSULTATION
Chapter 45 - Consultation with Responsibility Centres
Chapter 46 - Role of the Litigation Committee
Chapter 47 - Considerations Governing Intervention
Chapter 48 -Ministerial Briefing Material
Part X - EMPLOYMENT RELATED ISSUES
Chapter 49 - Civil Liability of Crown Counsel
Chapter 50 - Conflict of Interest: Outside Employment
R. v. Le, [2001] A.J. No. 323; 2001 ABQB 195
-- effect of prior employment of DOJ secretary by defence
Chapter 51 - Professional Development
Part XI - RESOURCES AVAILABLE TO CROWN COUNSEL
Chapter 52 - Other Departmental Publications
Chapter 53 - Criminal Law Reference Works
Part XII – NEW POLICIES
Chapter 54 - Megacase Management
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