Crown attorney

Crown attorney
Crown prosecutor (AB, NB)

Prosecutions in Canada are conducted in the name of the Crown
Occupation
Synonyms	Crown counsel
Occupation type	Profession
Activity sectors	Civil service, practice of law
Description
Education required	Law degree (J.D./LL.B./LL.L.) Bar exam
Related jobs	Defence counsel, lawyer, judge

Criminal prosecutions in Canada are handled by public officials at both the federal and the provincial level. The names for the position vary with the jurisdiction, such as Crown counsel, Crown attorney, and Crown prosecutor.

The officials represent the state, hence are generally referred to as the Crown in court. Although the criminal law is enacted by the federal Parliament, most prosecutions under the two main criminal statutes, the Criminal Code and the Youth Criminal Justice Act , are conducted by provincial prosecutors. Criminal prosecutions under other federal statutes, such as the Controlled Drugs and Substances Act and the Income Tax Act , are generally (but not exclusively) conducted by the Public Prosecution Service of Canada. Provincial prosecutors are also responsible for conducting prosecutions under provincial laws, such as securities laws.

Prosecutors in Canada are public servants, employed by the relevant government. They are not elected. There are similarities between this role and the Crown Prosecution Service in England and Wales, the procurator fiscal in Scotland, and United States Attorneys or district attorneys in the United States.

Jurisdictional issues

Although the enactment of criminal law is under federal jurisdiction in Canada, the prosecution of most Criminal Code offences—outside of Yukon, the Northwest Territories, and Nunavut—is the responsibility of the provincial Attorneys General and their lawful deputies^{[ who? ]} by virtue of the "interpretation" section of the Criminal Code. ^[1] As a result, the vast majority of crown attorneys are employed by Canada's ten provinces.

Lawyers who act on civil or administrative matters for the provincial Crown are not referred to as crown attorneys (Senior General Counsel, general counsel), or simply crown counsel. Both criminal and civil attorneys are generally considered to be agents of their province's Attorney General and reports to their office. ^[2] Lawyers who work for the Federal Ministry of Justice are often referred to as Crowns even if acting in civil matters. Moreover, lawyers, students-at-law and other persons who only represent the Crown on provincial offences matters (such as municipal by-law enforcement and traffic offences) are referred to as "provincial prosecutors" or "provincial offences attorneys" (POAs) rather than crown attorneys. Regardless of whether the prosecuted matter is a criminal offence or a provincial offence, crown Attorneys represent and argue on behalf of the Crown.

Ontario

In the province of Ontario, the name of the official is Crown attorney. The Attorney General of Ontario appoints one Crown attorney per judicial district. The Crown attorney is charged with supervising the Crown attorney's office at the local level, and has a level of autonomy from the Attorney General's office. A Crown attorney will then, in consultation with the Attorney General's office, hire assistant crown attorneys to staff the office and prosecute offences.

As crown attorneys are not elected, the Canadian prosecutorial system is often seen^{[ by whom? ]} as less politically motivated than other systems.

Term used for the office in different jurisdictions

• Federal: Crown counsel ^[3]
• Alberta: Crown prosecutor ^[4]
• British Columbia: Crown counsel ^[5]
• Manitoba: Crown attorney ^[6]
• New Brunswick: Crown prosecutor ^[7]
• Newfoundland and Labrador: Crown attorney ^[8]
• Nova Scotia: Crown attorney ^[9]
• Ontario: Crown attorney ^[10]
• Prince Edward Island: Crown attorney ^[11]
• Quebec: Criminal and penal prosecuting attorney ^[12]
• Saskatchewan: Crown prosecutor ^[13]
• Northwest Territories: Crown counsel ^[14]
• Nunavut: Crown counsel ^[14]
• Yukon: Crown counsel ^[14]

See also

• Crown prosecutor
• Crown counsel
• Public Prosecution Service of Canada

References

1. Criminal Code , R.S.C. 1985, c. C-46, s. 2 "Attorney General"
2. Ministry of the Attorney General. "Crown Prosecution Manual". ontario.ca. Retrieved 2025-10-30.
3. Prosecution Service of Canada: 2.2 Duties and Responsibilities of Crown Counsel.
4. Alberta Crown Prosecution Service.
5. BC Prosecution Service.
6. Manitoba Prosecution Service: Role of the Manitoba Prosecution Service.
7. New Brunswick — Office of Attorney General — Public Prosecutions Operational Manual — Chapter II: Interpretation and Application.
8. Newfoundland and Labrador — Justice and Public Safety — Prosecutions — Public Prosecutions Guide Book.
9. Nova Scotia Crown Attorney Manual: Prosecution and Administrative Policies for the PPS.
10. Ontario Law and Safety — Crown Prosecution Manual — Words and Phrases.
11. Guide Book of Policies and Procedures for the Conduct of Criminal Prosecutions in Prince Edward Island, "Introduction", p. 1-1.
12. Gouvernement du Québec — Justice and civil status — Criminal and Penal Prosecutors — Role of Criminal and Penal Prosecuting Attorneys. (Also called prosecutor, Crown prosecutor, prosecution lawyer, or public prosecutor.)
13. Saskatchewan Government Directory: Justice and Attorney General — Public Prosecutions.
14. In all three territories, criminal prosecutions are conducted by federal Crown counsel: Public Prosecution Service of Canada — About the PPSC — Areas of Prosecution.

Sources

• Crown attorney on the Canadian Encyclopedia