A crime is committed. Leads are followed, evidence is gathered, and a suspect is charged with the offence. The criminal justice process begins.

For the victims of the crime, their families and the community, the complexity of the Canadian criminal justice system can often seem difficult and frustrating.

But in order to maintain the integrity of our criminal justice system, a number of checks and balances are necessary. For example, an accused can only be convicted based on the evidence available, not public opinion. And above all else, an accused is presumed innocent unless proven guilty beyond a reasonable doubt.

In Canada, the federal government is responsible for the Criminal Code of Canada, which sets out the crimes, defences and procedures that are used in our courts. Every criminal offence is made up of two parts—the act and the intent to commit the act.

After a crime is investigated by the police or other enforcement agencies, all of the evidence collected is turned over to a Crown prosecutor, who acts on behalf of the state.

Based on that evidence, the prosecutor must consider two important factors: whether or not there is a reasonable likelihood of conviction based on the evidence and whether or not the prosecution is in the public interest.

The first factor can sometimes be difficult for the public and especially the victims to understand. If a prosecutor does not believe the evidence supports a conviction, the charges may either be dropped or stayed, which means the accused will not be tried for those charges unless they are reactivated within one year.

If the case proceeds, the “burden of proof” is on the prosecution at the beginning of the trial and continues to the end. That means that it is up to the prosecutor to satisfy a court that the accused person has committed a crime. The accused person does not have to prove his innocence.

The prosecutor is not the lawyer for the police, victims or complainants. Rather, a prosecutor’s duty is to ensure that justice is done, by presenting all available legal proof of the facts to the court.

Before a trial, prosecutors and defence lawyers representing the accused often enter pretrial negotiations to see if the matter or certain parts of it can be resolved without a trial.

This process, called early case resolution, is commonly referred to in the media and on TV as “plea bargaining.” This can leave the mistaken impression that the accused was let off easily.

Cases are only resolved in this way when the prosecutor is confident that the outcome is appropriate given the evidence available and what can be proven in court. The idea is to get the same result that would happen after a trial, but to move it forward in time and give the accused credit for doing so.

At the same time, if a case can be resolved appropriately outside of the courtroom, victims and their families are spared unnecessary court appearances, while the court’s time can be used for other cases.

This article is part of the Government of Alberta’s commitment to help inform Albertans about the justice system. For further information visit http://www.gov.ab.ca/, or contact us for more information by phone (780) 427-8530 (dial 310-0000 toll free anywhere in Alberta), or by e-mail at PLE.Coordinator@gov.ab.ca.