Is it inappropriate for a court to go behind the exercise of prosecutorial discretion?
British Columbia, Canada
The following excerpt is from USA v. Reumayr, 2001 BCSC 1856 (CanLII):
I am of the view that it is inappropriate for a court to go behind the exercise of prosecutorial discretion. As a general rule, that would be done only in the most extraordinary circumstances. This view is consistent with the observations in United States v. Kwok at para. 106 where Arbour J., speaking for the court, stated: Considering the breadth of the prosecutorial discretion involved in extradition cases, and absent any air of reality to any suggestion of impropriety or bias on the part of prosecutorial authorities, the disclosure requests made by the appellant to the Minister did not bear on issues sufficiently relevant to the surrender decision, or to the constitutional rights of the appellant in that process, to require compulsory disclosure.
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