Being a Crown Prosecutor in Alberta
By Kari Larson
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Sheila Brown |
Sheila Brown is a Crown prosecutor in Edmonton and she offered us a glimpse into the way criminal prosecutions work in Alberta.
Q: I have seen Crown prosecutors in the court house or on the news in long black robes. Why do you wear them?
A: This is a tradition from the British court system which is the basis for most of our legal traditions – fortunately for our lawyers, the tradition of the white wig has not survived. Any lawyer who appears in a federal court wears the robe. In Alberta, that would be the Court of Queen’s Bench and the Court of Appeal as well as the Supreme Court of Canada.
Q: It often seems that criminal cases take a very long time to prosecute. Is there a reason?
A: Complex cases often occupy a large portion of the court’s time. Cases where the accused is being held in custody are often tried first so other cases may wait longer. In situations where a long trial is expected, it can be challenging to find time in the schedule for so many days in a row. As well, there are several defense lawyers in this province who have excellent reputations and so are extremely busy. Clients of these lawyers may have the added challenge of finding room in the lawyer’s schedule as well.
Q: On television, we often see the prosecutors making deals with the accused, especially if the prosecutor’s case is not very strong. How do plea agreements work in Alberta?
A: Before any prosecution proceeds in Alberta, there must first be a reasonable likelihood that the accused will be convicted, based on the evidence. In a situation where the Crown has a weak case, the prosecutor must withdraw the charge rather than try to trick someone into a plea agreement. We do not proceed if it is not likely the person will be convicted. If we are unable to prove the most serious charge, there may be a lesser charge we can prove and we may negotiate a plea agreement on that charge instead.
Q: What impact does a guilty plea have on sentencing? The expression “plea bargain” seems to give the impression that a person is getting away with a lighter sentence.
A: While it’s true that a person who pleads guilty may spend less time in jail, this is not simply done in order to convince more people to enter early pleas. Rather, an early guilty plea is often seen by the court as an indication that the person is truly sorry for the crime. It also protects witnesses and victims because they do not have to testify. It has the added bonus of saving the court, the Crown, and the police, money and time that can be used to work on other cases. The judge may determine that these positive factors make a lesser sentence appropriate in that case.
One of the major participants in Alberta’s justice system is the Crown prosecutor—a lawyer who represents the Crown (i.e. Province) in relation to the prosecution of offenses. The Crown prosecutor, often referred to simply as “the prosecutor”, has a duty to ensure that legal proof of the facts is presented to the court and to pursue just outcomes in the cases they prosecute.
Please visit the Alberta Justice website at www.justice.gov.ab.ca and click on the link “education and learning” for more information about Alberta’s justice system.
