Office of Attorney General: New Levels of Public Expectations and Accountability (From Accountability for Criminal Justice: Selected Essays, P 294-329, 1995, Philip C Stenning, ed. -- See NCJ 166936)

• NCJ Number: 166946
• Author(s): J LI.J. Edwards
• Date Published: 1995
• Length: 36 pages
• Sale Source: University of Toronto Press
• Publication Type: Issue Overview
• Language: English
• Country: Canada

Annotation

This essay examines issues pertinent to the Canadian public's expectations of accountability for the Office of Attorney General in the exercise of its discretion in case processing.

Abstract

The author first provides an overview of the public dissemination of prosecution guidelines in British Commonwealth countries. This is followed by a discussion of public expectations that the Office of the Attorney General will act responsibly and in the public interest in decisions that affect public safety and the administration of justice. A major section of this essay addresses new dimensions to the principles of independence and accountability as they relate to the attorney general and the director of public prosecutions. The principle of accountability is viewed as an essential component in preserving the independence of prosecutorial decisionmaking. The author favors the imposition of a statutory duty upon the attorney general to commit to writing his decision to intervene in a particular case and to do so as an essential part of communicating his decision to the otherwise independent director of public prosecutions. Remaining topics discussed are judicial review of the attorney general's actions as a means of ensuring accountability and the attorney general's accountability in fulfilling his responsibilities as the government's chief legal adviser and guardian of the public interest.