POLI 378 Lecture Notes - Lecture 11: Indictable Offence
22 Apr 2018
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2- no other reasonable alternative since 2012 ruling is not the only requirement: Serious issue- direct or a genuine interest in the case can be irreasonable alternative if serious issue or they have a direct or genuine interest (confirm this) Take into account public interest- even if you have solid evidence to be sure to get the conviction of the person, you can withdraw the charges because there"s a public interest that justifies not to execute. Even the interests of the victim- protect women, children, the elderly. Question of independence is acute when it comes to defending cases of constitutional cases. Whether the ag can defend a legislation he knows violates the constitution of canada. You have to stand and defend that law. Ag represented by a lawyer that is recruited and paid by the government. When the government doesn"t have a lawyer in the region, can hire a private agent to carry this out in court.
