Discussion about this post

User's avatar
Matthew Hennigar's avatar

You can add another unconstitutional feature to the list, one that has so far not attracted much if any attention: it violates the Charter-protected principle of prosecutorial independence from the political executive. This is why Crown Prosecution Manuals are non-binding, as Dennis Baker notes in his 2017 must-read on the provincial power to not enforce Criminal Code provisions. It's one thing for a Crown office to decline to prosecute; it's another thing entirely for the Cabinet or provincial legislature to order them to do so, in all cases. Section 92(14) (authority over the "administration of justice") might empower a provincial minister or legislature to order *provincial* officials to not enforce federal laws that are outside of criminal and quasi-criminal law (ex: drug laws)--Ottawa would have to hire its own enforcement personnel in that case--but the prosecutorial context is unique. To put it another way, an Alberta Crown prosecutor would be entirely within their rights to ignore the Alberta Sovereignty act and prosecute a valid provision of the federal Criminal Code if they believed it would be in the public interest.

Expand full comment
Dan Lacelle's avatar

A clear concise description of Smith's lunacy, thanks.

Expand full comment
2 more comments...

No posts