Is the Attorney General's power to directly indict a party in a criminal case unreasonable or unfair?

British Columbia, Canada


The following excerpt is from R. v. Andrew, 1986 CanLII 966 (BC SC):

I return to the test enunciated in Andrews v. Law Soc. of B.C. Can it be said that the power to directly indict is unreasonable or unfair, given the balance between the social purposes it is intended to serve, to the benefit of all, and the adverse effects it may have on those against whom it is used? In my opinion, it cannot. There is, in my view, a clear social purpose served, and therefore a justification for the existence of such a power, which transcends or outweighs the residual adverse effects which may survive any remedy available to an accused person against whom the power is used. There is, consequently, no discrimination within the meaning of s. 15(1) of the Charter, resulting inherently from the exercise of a power of direct indictment vested in the office of the Attorney General.

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