Type of document: Prosecution Directive
Effective date: October 4, 2021

The identification of violent offenders who pose an ongoing serious threat to society is an essential component of public safety. In Ontario, one of the ways that this is done is through participation in the National Flagging System. The National Flagging System is a Canada wide initiative that gathers and distributes information to interested prosecution services on violent offenders who have been identified and flagged as posing a high risk to violently re-offend. This information can be accessed by police and prosecution services. Each province has a Provincial Flagging Coordinator.

Duty of Prosecutor

Where an offender meets one or more of the following criteria, the Prosecutor, with the approval of her Crown Attorney or designate, must request that the offender be flagged by the Provincial Flagging Coordinator:

  1. where the offender has previously been designated a dangerous or long-term offender or
  2. where a review of the available information indicates that if the offender commits a further serious personal injury offence or a sexual offence, there is a reasonable prospect that they will be declared a dangerous or long-term offender (see Dangerous/Long-term Offender Directive).

When dealing with an offender who is known to have been flagged on the National Flagging System, a Prosecutor must request the offender’s file from the Provincial Flagging Coordinator. At the conclusion of the prosecution, the Prosecutor must provide the Provincial Flagging Coordinator with the outcome of the prosecution and forward all new relevant material from the prosecution.