Type of document: Prosecution Directive
Effective date: October 3, 2018

The Criminal Code directs that certain criminal proceedings or procedures can be commenced or undertaken only with the consent of the Attorney General. The Attorney General grants broad areas of discretion in criminal proceedings to Prosecutors, his agents, except in those specific circumstances where the law requires the personal consent of the Attorney General.

The Criminal Code defines the Attorney General as including his lawful Deputy. The Attorney General and his delegates exercise discretion in a fair and conscientious manner unaffected by irrelevant considerations, prejudice or partisan motives. Individual cases are assessed objectively and dispassionately. The public interest in the effective enforcement of the criminal law is the paramount consideration in making decisions to consent or refuse to consent.

Attorney General consent

The Attorney General’s consent has not been delegated and is required in the following circumstances:

  • initiating a dangerous offender or long-term offender application
  • directing an indictment
  • initiating a prosecution for advocating genocide
  • initiating a prosecution for wilfully promoting hatred
  • seizing hate propaganda
  • providing an undertaking for suspected proceeds of crime, valued at greater than two million dollars
  • the negotiation for a remediation agreement with an organization alleged to have committed an offence
  • designating wiretap agents to obtain wiretap authorizations
  • extending wiretap notification periods
  • recommencing a prosecution where jurisdiction has been lost
  • overriding an accused’s election and directing a jury trial

Power to delegate

The Attorney General has the power to delegate his authority and, in certain instances, has delegated consent and power to the Assistant Deputy Attorney General, the Directors, Crown Attorneys or to Prosecutors in the Criminal Law Division.

In all instances where the Attorney General has delegated consent and power, the decisions are made in the same way, and on the same basis, that the Attorney General exercises this discretion. Once the Attorney General delegates authority, the delegate must exercise the power personally and must not delegate any further.

Where the consent of the Attorney General or delegate is required the Prosecutor must follow the process and procedures mandated by the relevant Directives (e.g. Direct Indictments, Hate Propaganda and Hate Motivated Offences, Dangerous/Long-term Offenders).

Where the consent of the Attorney General or his delegate is received to initiate a prosecution, the Prosecutor must notify the Assistant Deputy Attorney General-Criminal Law Division in order to seek prior approval prior to withdrawing or staying the prosecution.

Delegation of Attorney General consents

The following delegations hereby replace all prior delegations as they relate to the specific legislative provisions referred to below. These delegations are to continue to apply in the event that these provisions may be amended or re-numbered in the future.

I hereby delegate my powers under:

Provisions under the Criminal Code

(Description/Delegation)

s. 7(4.3): Proceedings with offences listed in s.7(4.1) (e.g. sexual tourism offences)
Assistant Deputy Attorney General – Criminal Law Division.
ss. 83.24; 83.12: Proceeding with terrorism offence or an offence to terrorist property
Assistant Deputy Attorney General – Criminal Law Division.
s. 83.28(3): Application for the gathering of information relating to terrorism offence
Assistant Deputy Attorney General – Criminal Law Division.
s. 83.3(1): Laying an information for recognizance with conditions relating to terrorism
Assistant Deputy Attorney General – Criminal Law Division.
s. 136(3): Initiating prosecution for giving contradictory evidence
Assistant Deputy Attorney General – Criminal Law Division.
ss. 164(7); 164.1(8): Proceedings following court-ordered seizure, forfeiture and/or destruction of obscene materials, crime comics, child pornography or voyeuristic recordings
Assistant Deputy Attorney General – Criminal Law Division.
s. 172(4): Initiating prosecution for corrupting children
Assistant Deputy Attorney General – Criminal Law Division.
s. 174(3): Initiating prosecution for public nudity
Assistant Deputy Attorney General – Criminal Law Division.
s. 283(2): Prosecution for child abduction, whether or not there is a custody order
Assistant Deputy Attorney General – Criminal Law Division and, only in emergency situations, to Directors of Crown Operations, Director of CLO-Criminal.
s. 342(2): Initiating a prosecution for credit card offences in Ontario where offence occurs outside Ontario
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 347(7): Prosecution for charging a criminal interest rate
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 385(2): Prosecution for fraudulently concealing title documents
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 402.2(4): Initiating a prosecution for identity theft/trafficking in identity information where offence occurs outside Ontario
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 422(3): Prosecution for criminal breach of contract
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 462.32(4.1): To permit a peace officer who has seized property via warrant to return same to the lawful owner
Director of Asset Management – Criminal, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
ss. 462.32(6); 462.33(7): Providing undertakings for search warrants and restraint orders (i.e. seizing or restraining property believed to be proceeds of crime and subject to forfeiture)
Where undertaking is less than $2 million: Director of Asset Management – Criminal, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
Where undertaking is greater than $2 million: Not delegated – personal consent of Attorney General or Deputy Attorney General required.
s. 462.331(1): To permit a person, other than the Attorney General, to apply to a judge for the appointment of a manager of seized property
Director of Asset Management – Criminal, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 462.34(2)(a): With respect to any property seized or restrained, on application of the Attorney General or any other person with the written consent of the Attorney General is required to abridge the time for notifying of a review
Director of CLO – Criminal, Deputy Directors of CLO – Criminal, Director of Asset Management – Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 462.42(6): Return of property by judicial order declaring interest not subject to forfeiture
Director of CLO – Criminal, Director of Asset Management – Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 462.48(2): Affidavit for application under s. 462.48(1.1) (re. disclosure of income tax information)
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 473(1): If the accused and the Attorney General consent, a trial for a s. 469 offence may be tried by a superior court judge alone
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 473(2): Withdrawing consent provided under s. 473(1) to a trial by a superior court judge alone where an accused is charged with a s. 469 offence
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 478(3)(b): Transferring charges to another province for a guilty plea
Crown Attorneys, Deputy Crown Attorneys, Deputy Directors of CLO-Criminal, Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 479(b): Transferring a guilty plea to an offence not listed in s. 469 to another jurisdiction within Ontario
Crown Attorneys, Deputy Crown Attorneys, Deputy Directors of CLO-Criminal, Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 490.02902: SOIRA order for accused convicted outside Canada
Deputy Director of High Risk Offenders of CLO-Criminal, Director of CLO-Criminal, and the Assistant Deputy Attorney General – Criminal Law Division.
s. 579(1): Staying Proceedings (i.e. Crown stay)
All Crown counsel, Crown Attorneys, Deputy Crown Attorneys, Directors of Crown Operations, Deputy Directors of CLO-Criminal, Director of CLO-Criminal, and the Assistant Deputy Attorney General – Criminal Law Division.
Where an offence has resulted in death, Crown counsel must obtain the approval of the Crown Attorney, Director, or the Deputy Director, as the case may be.
s. 579(2): Recommencing proceedings within one year from the time of the stay under s.579(1) (i.e. Crown stay)
Directors of Crown Operations, Director of the CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
All Crown counsel only if reason is an accused’s failure to comply with diversion, alternative measures or restorative justice.
s. 672.81(1.1): Extension of review periods for mandatory Review Board disposition reviews (from 12 to maximum of 24 months)
All Crown counsel, Crown Attorneys, Deputy Crown Attorneys, Directors of Crown Operations, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 672.81(1.31): Extension of review periods for mandatory Review Board disposition reviews in cases of high-risk accused
All Crown counsel, Crown Attorneys, Deputy Crown Attorneys, Directors of Crown Operations, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 672.86(1)(b): Interprovincial transfer of accused in custody or directed to attend hospital pursuant to court or Review Board order
Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 672.86(2): Authorized officer must sign warrant for interprovincial transfer of in-custody accused
Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 672.86(2.1)(b): Interprovincial transfer of out-of-custody accused
Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
ss. 725(1)(b); 725(1)(b.1): With the consent of the Attorney General and the offender, a sentencing judge may take into account other outstanding charges
All Crown counsel, Crown Attorneys, Deputy Crown Attorneys, Directors of Crown Operations, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 733(1.1)(a): Interprovincial transfer of probation orders
Crown Attorneys, Deputy Crown Attorneys, Deputy Directors of CLO-Criminal, Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 733.1(2): Initiating a prosecution in Ontario for a breach of probation that took place in another province
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 742.5(1.1)(a): Transferring a conditional sentence order to another province
Crown Attorneys, Deputy Crown Attorneys, Deputy Directors of CLO-Criminal, Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 742.6(3.2)(a): Initiating a prosecution in Ontario for a breach of a conditional sentence that took place in another province
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 753.3(2): Initiating a prosecution in Ontario for a breach of a long-term supervision order that took place in another province
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 803(3): Proceeding in prosecution for failing to appear where the original trial proceeded in the absence of the accused
Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 810.01(1): Initiating a recognizance where there is fear that a criminal organization or terrorism offence will be committed
Assistant Deputy Attorney General – Criminal Law Division.
s. 810.2(1): Initiating a recognizance where there is fear that a serious personal injury offence will be committed
Deputy Director of High Risk Offenders - CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 810.22(2)(a) Transfer of peace bond to another province made under s. 83.3 and 810 to 810.2
Deputy Director of High Risk Offenders – CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General.

Provisions under the Youth Criminal Justice Act

(Description/Delegation)

s. 14(3): Prosecution beyond limitation period prohibited without consent of accused and Attorney General
Crown Attorneys, Deputy Crown Attorneys, Deputy Directors of CLO-Criminal, Directors of Crown Operations, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 57(1): Transfer of youth sentence to another territorial division
All Crown counsel, Deputy Crown Attorneys, Crown Attorneys, Directors of Crown Operations, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 57(3): Transfer of youth sentence of a young person to a province in which youth is an adult
Crown Attorneys, Deputy Crown Attorneys, Directors of Crown Operations, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.
s. 133: Transferring charges to another province for a plea
Crown Attorneys, Deputy Crown Attorneys, Directors of Crown Operations, Deputy Directors of CLO-Criminal, Director of CLO-Criminal and the Assistant Deputy Attorney General – Criminal Law Division.

Miscellaneous matters (related statutes)

(Description/Delegation)

s. 102.1(2) of the Funeral, Burial and Cremation Services Act: disinterment of a body ordered by the Attorney General, Solicitor General, or a delegate
Assistant Deputy Attorney General – Criminal Law Division.
s. 7 of the Visiting Forces Act (R.S.C. 1985, c.V-2) and s.3 of the Visiting Forces Regulations (C.R.C., c. 1598): Transferring jurisdiction to prosecute offences committed by foreign military personnel while on Canadian soil
Assistant Deputy Attorney General – Criminal Law Division.
s. 79(4) of the Police Services Act: prosecution for intimidating complainants, obstructing Independent Police Review Director, or providing false information
Assistant Deputy Attorney General – Criminal Law Division.