Role of Criminal and Penal Prosecuting Attorneys

Role of criminal and penal prosecuting attorneys

The criminal and penal prosecuting attorney (also called prosecutor, Crown prosecutor, prosecution lawyer, or public prosecutor) is a lawyer who works for the Directeur des poursuites criminelles et pénales (DPCP).

The prosecuting attorney receives requests to initiate legal proceedings (prosecutions) in criminal and penal matters, as well as investigation cases forwarded by police forces, ministries, and organizations.

The prosecuting attorney enforces more than 100 Canadian and Quebec laws related to criminal and penal matters.

For each request received, the prosecuting attorney decides whether to authorize prosecutions on behalf of the Quebec state.

This decision is based on an objective and rigorous analysis of the facts and the available evidence.

To authorize a prosecution, a prosecuting attorney must be convinced that the available evidence could persuade a judge or a jury of the suspect's guilt. This ensures that there is a reasonable prospect of conviction. The prosecuting attorney must also evaluate whether initiating a prosecution is in the public interest.

Moreover, when deciding whether to authorize a prosecution, the prosecuting attorney must consider:

The interests of victims and Quebec society;
The protection of victims and witnesses of the crime;
Respect for the fundamental rights of the accused, such as the presumption of innocence;
The applicable law and public guidelines established by the director.

The prosecuting attorneys are not the victim’s lawyer. They represent the Quebec state and are responsible for prosecuting the accused person.

Their duty is to ensure that justice is served and that everyone can live in a safe society.

Prosecuting attorneys make courageous decisions with serious consequences.

During a trial, the prosecuting attorney represents the prosecution. Throughout the judicial process—including bail hearings, preliminary inquiry, trial, and sentencing arguments—they represent the state before the courts.

Prosecuting attorneys are stationed throughout the province in multiple service points.

An independent role, free from external pressure or influence

The DPCP is a public organization independent from the Ministry of Justice and political power held by elected officials such as ministers, political staff, deputies, mayors, commissioners, etc.

The Director of Criminal and Penal Prosecutions, not the government, is responsible for hiring and appointing prosecuting attorneys who represent the institution, as well as chief prosecuting attorneys and deputy chief prosecuting attorneys who supervise them.

Prosecuting attorneys take an oath of office, committing to:

perform their duties with honesty, objectivity, impartiality, and fairness;
not accept any advantage or money for acts performed or to be performed in the course of their duties, other than what is legally allowed;
not disclose or share any information acquired in the course of their duties without authorization;
remain free from corruption, bribery, or any improper influence (including political, media, public, police, or interest group pressure) in the course of their duties;
focus exclusively on their professional duties and not hold other positions, offices, or jobs, in accordance with the Act Respecting the Director of Criminal and Penal Prosecutions.

Prosecuting attorneys must not:

be politically active or campaign for a political party;
make political contributions or engage in partisan activities in favor of or against a political party;
run for election at the federal, provincial, or municipal level.

Advisory role for law enforcement

Prosecutors can advise, in an immediate way, law enforcement officers, including police officers and other peace officers, on all aspects of a criminal or penal investigation or offense.

Prosecutors from the Bureau de service-conseil (Advisory Services Bureau) provide this advisory role 24/7, 365 days a year.

Role in cases involving accused youth

The Bureau des affaires de la jeunesse (Youth Affairs Bureau) is responsible for criminal and penal prosecutions against adolescents aged 12 to 17 years and 364 days, under the Youth Criminal Justice Act (YCJA).

Prosecuting attorneys in this bureau support victims of crimes committed by adolescents while also playing a role in the legal process for accused adolescents.

The YCJA emphasizes swift case processing to allow young offenders to change their behavior, reintegrate into society, and be held accountable for their actions. Rehabilitation and social reintegration are core principles of the YCJA.

The approach toward these accused individuals is personalized. Prosecuting attorneys may meet with parents, family members, teachers, and other key individuals to gain a comprehensive understanding of the adolescent.

They work closely with various partners, including provincial youth directors from Quebec’s youth protection centers.

Role of prosecuting attorneys in supporting victims of crime

The prosecuting attorney is not the victim’s lawyer. They represent the Quebec state and prosecute the accused person. Victims do not have to pay any legal fees.

However, prosecuting attorneys support and assist crime victims before and throughout the judicial process. They:

take victims’ needs, perspectives, and concerns into account;
ensure that victims understand the legal process and explain the criminal justice system and their role as prosecuting attorneys;
take necessary measures to facilitate victims’ testimony, ensure their safety, and protect their dignity and privacy;
inform victims of steps taken to safeguard their security and privacy.

Role of the criminal and penal prosecuting attorney with victims of crime

Players in the court system

Role of Criminal and Penal Prosecuting Attorneys

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