Does the Commissioner of Public Prosecutions have any discretion not to commence an investigation?
Canada (Federal), Canada
The following excerpt is from Gupta v. Canada (Attorney General), 2017 FCA 211 (CanLII):
The Act does not prescribe the process for the Commissioner to follow before deciding whether to exercise what has been described as the “wide” discretion not to commence an investigation (Detorakis v. Canada (Attorney General), 2010 FC 39, 358 F.T.R. 266 at para. 43). In particular, the Act does not specify that the Commissioner will communicate to persons who have made disclosures the basis on which the Commissioner is considering exercising this discretion. However, it includes among the Commissioner’s duties (in paragraph 22(d)) the duty to “ensure that the right to procedural fairness and natural justice of all persons involved in investigations is respected, including persons making disclosures […]”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a Public Safety and Emergency Preparedness Reviewable on the standard of reasonableness of a Public Prosecutions Reviewable? (Canada (Federal), Canada)
What is the test for determining whether a Commissioner can be found to have found that a Commissioner has found that the Commissioner has a valid case to answer? (MultiRegion, United States of America)
In what circumstances will the Commissioner of Public Prosecutions apply to the motion picture industry? (Canada (Federal), Canada)
What is the standard of review applicable to findings of fact by the Assistant Commissioner of Public Prosecutions? (Canada (Federal), Canada)
What is the burden of establishing that there is other work in "significant numbers" for the Commissioner of Public Prosecutions? (MultiRegion, United States of America)
What is the scope of discretion of the Commissioner's discretion in dealing with allegations of fraud and corruption? (Canada (Federal), Canada)
Does the respondent have to be a "public authority" under the Public Prosecutions Act? (Canada (Federal), Canada)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
What is the burden of determining whether a claimant is disabled by the Commissioner of Public Prosecutions? (MultiRegion, United States of America)
What is the current state of the law on notice of an action brought by a plaintiff against the Commissioner of Public Prosecutions? (MultiRegion, United States of America)
