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Krieger v Law Society (Alberta), 2002 SCC 65, [2002] 2 SCR 372 (Link)

Facts:

Krieger was a Crown prosecutor who was subject to a complaint to the Law Society. He argued that the Law Society could not review the matter since it would interfere with the exercise of prosecutorial discretion.

Issue(s):

What is the role of the office of the Attorney General and its agents in relation to private lawyers?

Ratio:

The Courts should not interfere with prosecutorial discretion. The Law Society retains jurisdiction.

Analysis:

The power to bring, manage and terminate prosecutions has given rise to an expectation that the AG will be fully independent from political pressure of the government

Separation of powers:
** Courts do not interfere with prosecutorial discretion
** Quoted JA Ramsay: Courts must remain independent: “If the court is to review the prosecutor’s exercise of his discretion the court becomes a supervising prosecutor. It ceases to be an independent tribunal.” (para 31)

Courts should not interfere with prosecutorial discretion, but the Law Society retains jurisdiction and can intervene.


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