POLS 3130 Lecture Notes - Lecture 8: Malicious Prosecution, Alternative Dispute Resolution, Absolute Immunity
28 Nov 2016
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Participation in civil proceedings: defendant, plaintiff. Most common reason why governments appear in court. Governments (the state) represented by the crown/crown attorney: agents of the minister of justice/ attorney general. Provincial governments responsible for the prosecution of most criminal offences: federal government prosecutes all other federal statutes aside from the criminal. Most of these prosecutions are under the controlled drug and substance. Each government is represented in court by its attorney general: department of justice canada. Employs over 2,500 lawyers: ontario ministry of the attorney general. Litigation can be contacted out to private counsel. Supreme court appeals by the general government are handled by a small group of repeat lawyers. Attorney general as a member of federal cabinet minister of justice. Offer legal advice to government and provide legal defence. Administration of justice, including crowns and courts. Advise parliament on the constitutionality of government legislation. Government do not automatically prosecute when a criminal act takes place.
