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


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.


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


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


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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