PRIVATE PROSECUTIONS IN CANADA - THE LAW AND A PROPOSAL FOR CHANGE

• NCJ Number: 30579
• Journal: McGill Law Journal Volume: 21 Issue: 2 Dated: (1975) Pages: 269-297
• Author(s): P Burns
• Date Published: 1975
• Length: 29 pages
• Corporate Author: McGill University
• Publication Format: Article
• Language: English
• Country: Canada
• Note: REPRINT

Annotation

EXAMINATION OF THE POWERS AND OBLIGATIONS OF THE PRIVATE PROSECUTOR IN CANADA AND AN ASSESSMENT OF THE VIABILITY OF RETAINING THAT ROLE WHEN MODERN JUDICIAL DEVELOPMENTS ARE CONSIDERED.

Abstract

THE SECTIONS OF ENGLISH CRIMINAL LAW DEALING WITH PRIVATE PROSECUTORS AND MODIFICATIONS OF THAT LAW IMPOSED BY THE CANADIAN CRIMINAL CODE ARE ANALYZED AND THE MODERN ROLE OF PRIVATE PROSECUTIONS IS DISCUSSED. THE AUTHOR CONCLUDES THAT ALTHOUGH THE PRIVATE PROSECUTOR IS GRANTED CONSIDERABLE POWER TO PURSUE HIS CASE IN CANADA, THIS POWER IS RARELY EXERCISED. HE FURTHER STATES THAT A CRIMINAL JUSTICE SYSTEM THAT MAKES PROVISION FOR PRIVATE PROSECUTION OF CRIMINAL AND QUASI-CRIMINAL OFFENSES HAS ADVANTAGES OVER ONE THAT DOES NOT.