DATE: May 20, 2008
SUBJECT: THE DUTY OF CROWN PROSECUTORS AS REGARDS ORDERS FOR JUDICIAL INTERIM RELEASE
To provide the Departmental position respecting the responsibility of Crown Prosecutors appearing on applications for review of decisions respecting Judicial Interim Release (s. 520 or 521 of the Criminal Code of Canada) or decisions made respecting Judicial Interim Release under Section 522, 524(4) or 524(5).
- Crown prosecutors appearing on an application for review will make themselves available to defence counsel to sign the Order approving the form and content thereof. For this purpose, Crown prosecutors should advise defence counsel, at the time the order is made, where they can be reached. No other Crown prosecutor should sign the Order as to form and content unless he is prepared to undertake responsibility for that Order.
- When a Crown prosecutor signs the Order he should be aware that he is agreeing that the Order is in an appropriate form and that the content of the Order fully discloses its intention and that it is not ambiguous or otherwise faulty.
- Crown prosecutors should not approve any Order which is not substantially in the form of the “Order of Release’ attached to and forming part of Queen's Bench Practice Note #2 dated April, 1982 (updated April, 1998).
- In the event that the Order is not in the appropriate form or is ambiguous, the Crown prosecutor who has signed the Order will be called upon by the Judge to explain the intent of the Order, so that it may be acted upon even though faulty or ambiguous.
- It is accordingly incumbent upon the Crown prosecutor to attend with defence counsel before the Judge who made the Order at the earliest opportunity to correct any error or ambiguity in the Order.
- A Crown prosecutor shall not sign an Order approving it as to form and content prior to the appearance for the application for such an Order.