Prosecutorial Discretion
Prosecutorial discretion is an expansive term that covers all decisions regarding the nature and extent of the prosecution and the Attorney General’s participation in it. R. v. Anderson , 2014 SCC 41 (CanLII), at para. 44. It includes, among many other things, the Crown's decision to negotiate a plea agreement [FN], as well the Crown's election. See Stuart O'Connell Law Blog, Crown Election , www.stuartoconnell.blogspot.ca/2017/11/crown-election.html Judicial non-interference with prosecutorial discretion has been referred to as a matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice which also recognizes that prosecutorial discretion is especially ill-suited to judicial review. See R. v. Anderson , 2014 SCC 41 (CanLII), at para. 23. Prosecutorial discretion is reviewable solely for abuse of process. Anderson ,...