1.Topic:
Balancing Prosecutorial Independence with accountability
2. Learning Objectives
As a result of attending lectures and engaging in case studies, Chinese Prosecutors should be able to:
• Discuss the rationale for prosecutorial independence
• Demonstrate the consistencies and inconsistencies of Canadian law, and particularly British Columbia legislation with international standards relating to prosecutorial independence
• Consider Canadian cases relating to the exercise of prosecutorial independence consistent with the need for accountability
• Consider alternative means of maintaining prosecutorial independence and accountability in Europe, Australia and other jurisdictions
• Consider the issue of prosecutorial independence and accountability from the Chinese perspective
• Discuss how cases similar to the referenced Canadian cases would have been dealt with in China
• Develop a better understanding of similarities and differences in the roles of the Chinese and Canadian prosecutorial services
3. Resources
• Summary of international standards regarding prosecutorial independence
• Summary of Canadian standards regarding prosecutorial independence
• Summary of Chinese standards regarding prosecutorial independence
4. Case Study
The case of The Queen vs. Dimitrios Pilarinos and Glen David Clarke HMTQ v Pilarinos and Clark 2002 BCSC 1267) is perhaps the most vivid example in British Columbia of a challenge related to balancing prosecutorial independence and accountability.
In Canada, the leader of the provincial party which elects the greatest number of members becomes the Premier of the province. The Premier then has the authority to appoint his cabinet (executive), from others who were elected, generally from his or her own party.
Each senior cabinet minister is responsible for supervising his or her ministry such as the ministry of education, transportation etc.
A senior cabinet post is that of Attorney Genera. The Attorney General’s ministry contains a number of branches including a Civil Law Branch which deals with legislation and law suits involving the province, and a Criminal Justice Branch. The Criminal Justice Branch is the provincial prosecution service. Provincial Prosecutors are civil servants employed by the provincial government as is the Chief Prosecutor or Assistant Deputy Attorney General for the Criminal Justice Branch.
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