The Role of the Crown Prosecutor in a Criminal Case in Canada

Understanding the Ontario Justice System

In the Canadian criminal justice system, the Crown Prosecutor plays a central role in upholding the rule of law and ensuring the fair administration of justice. Also referred to as Crown Counsel, these legal professionals act on behalf of the Crown—the state—to prosecute individuals charged with criminal offences. From the moment charges are laid, Crown Prosecutors are responsible for assessing evidence, determining whether a case should proceed to trial, and advocating for a just outcome in the courtroom.

In Ontario, where criminal matters are prosecuted under both federal and provincial laws, the Crown Prosecutor’s responsibilities go far beyond simply seeking a conviction. They are expected to act with fairness, impartiality, and in the public interest. For individuals facing charges or seeking to better understand the legal process, it’s essential to know what role the Crown plays in a criminal case.

At Affordable Defence, a criminal defence law firm based in Ottawa, we believe that understanding how the Crown Prosecutor operates is a crucial first step in preparing an effective defence and navigating the justice system with confidence.

A Crown Prosecutor is a lawyer appointed by the provincial Attorney General to prosecute criminal offences on behalf of the Crown. In Ontario, these prosecutors work under the Ministry of the Attorney General and form part of the Ontario Prosecution Service.

Unlike defence lawyers, who represent the interests of an individual, Crown Prosecutors represent society as a whole. Their role is not to secure convictions at any cost, but to ensure that justice is served through fair and impartial proceedings.

Crown Prosecutors are responsible for all phases of a criminal case—from reviewing evidence and laying charges to conducting trials and handling appeals. Their core duties include:

1. Pre-Trial Responsibilities

Before a trial begins, the Crown Prosecutor evaluates the police investigation and determines whether charges should be laid. This decision is based on two key factors:

• Is there a reasonable prospect of conviction? This requires a thorough review of the evidence gathered by law enforcement.
• Is it in the public interest to proceed? Not every offence warrants prosecution, especially if alternatives such as diversion or community programs are appropriate.

2. During the Trial

In court, the Crown Prosecutor presents the case against the accused by:

• Calling and examining witnesses
• Introducing physical and documentary evidence
• Making legal arguments to establish guilt beyond a reasonable doubt

It’s important to understand that their role is not adversarial in nature. A Crown Prosecutor must ensure the trial is fair and that the rights of the accused are respected.

3. Post-Trial Responsibilities

If an accused person is convicted, the Crown Prosecutor may recommend sentencing options to the court. This includes:

• Submitting victim impact statements
• Advocating for appropriate penalties
• Participating in post-conviction motions and appeals

They may also appear in higher courts to argue appeals, either challenging an acquittal or defending a conviction.

In Ontario, Crown Prosecutors handle a variety of case types. Their responsibilities and strategies may vary depending on the nature of the offence:

• Summary Offences: Summary convictions are less serious matters (e.g., causing a disturbance). Crown Prosecutors focus on efficient case resolution while balancing public interest.
• Indictable Offences: For serious crimes like robbery or aggravated assault, prosecutors conduct thorough evidence assessments and complex courtroom proceedings.
• Hybrid Offences: These may be treated as either summary or indictable, depending on the facts. The Crown decides how to proceed.
• Regulatory Offences: Including municipal or provincial law breaches (e.g., traffic or environmental violations).
• Federal Offences: Although typically handled by federal prosecutors, Crown Counsel may coordinate with federal agencies on drug offences under the Controlled Drugs and Substances Act or income tax violations.

Unlike in some jurisdictions where prosecutors are incentivized by conviction rates, Canadian Crown Prosecutors are considered “Ministers of Justice.” Their mandate is to ensure fairness, impartiality, and respect for due process.

As affirmed by the Supreme Court of Canada, a prosecutor’s duty is not to win at all costs but to present all available evidence to the court and help it arrive at the truth.

This includes:

• Disclosing all relevant information to the defence (even if it may weaken the Crown’s case)
• Avoiding inflammatory or misleading arguments
• Treating all parties with respect and professionalism

The Ontario Prosecution Service is led by the Assistant Deputy Attorney General (ADAG), who ensures prosecutorial standards are upheld across the province.

While part of the Ministry of the Attorney General, the prosecution service operates independently to prevent political or improper influence on prosecutorial decisions. This autonomy is vital in preserving the integrity and impartiality of criminal proceedings.

The Crown Policy Manual—publicly available on the Attorney General’s website—outlines the standards Crown Prosecutors must follow, including ethical duties, trial conduct, and victim support obligations.

While Crown Prosecutors represent the public interest, not individual victims, they play an essential role in supporting victims through the justice process. This includes:

• Keeping victims informed of case progress
• Facilitating victim impact statements
• Ensuring respectful treatment during court proceedings

At the same time, they must uphold the constitutional rights of the accused, including the right to a fair trial, the presumption of innocence, and the right to legal counsel.

While Crown Prosecutors represent the public interest, not individual victims, they play an essential role in supporting victims through the justice process. This includes:

• Keeping victims informed of case progress
• Facilitating victim impact statements
• Ensuring respectful treatment during court proceedings

At the same time, they must uphold the constitutional rights of the accused, including the right to a fair trial, the presumption of innocence, and the right to legal counsel.

The Crown Prosecutor is one of the most influential figures in any criminal case in Ontario. Acting on behalf of the Attorney General and the public interest, Crown Prosecutors are granted broad discretionary powers—including whether to proceed with charges, how to handle bail hearings, what evidence to present, and what resolution (if any) to propose. These decisions are not made lightly, but they carry significant weight and can directly shape the outcome of your case.

While Crown counsel are expected to act fairly and pursue justice rather than convictions, their role is still adversarial to the accused. They are not your advocate—they do not work for you, the police, or the victim. Instead, they represent Ontario and the public, and their primary duty is to prosecute alleged offences based on the evidence available.

For anyone facing criminal charges, understanding this dynamic is critical. The Crown brings the full resources of the federal state to bear on your case. That’s why working with an experienced criminal defence lawyer is essential. At Affordable Defence in Ottawa, we know how the Crown operates—we anticipate their strategies, challenge their evidence, and ensure your rights are protected at every stage of the process. Having a knowledgeable defence lawyer by your side helps level the playing field and gives you the best chance of securing a fair and just outcome.

Talk to an Experienced Criminal Defence Lawyer in Ottawa

If you’ve been charged with a criminal offence in Ontario, navigating the justice system alone can be overwhelming. At Affordable Defence, we know how the Crown operates—and how to build a strong, strategic defence tailored to your case.

Our Ottawa-based legal team is committed to protecting your rights and guiding you through every step of the process. Contact Affordable Defence today for a free & confidential consultation.