CHARGE SCREENING PRACTICES AND CROWN EVIDENTIARY THRESHOLDS IN CANADA - A report prepared for the Steering Committee on

Unless the charge meets both the evidentiary threshold and the public interest test, the prosecutor must discontinue the prosecution of the charge. [...] The pre-charge consultation process should provide that, unless it is impractical to do so, or contrary to the public interest or the safety of the public, the police should consult with and obtain the advice of the prosecutor before laying a charge. [...] The pre-charge consultation process should provide for a review procedure in the event that the police disagree with the advice of the prosecutor, after which the police would be free to lay the charge. [...] Recommendation 3: Creation of a “safety valve” The pre-charge consultation model should ensure that the police can arrest and lay a charge prior to Crown screening if the Crown is unavailable to screen the charge on a timely basis or if the requirement for pre-charge consultation would cause an imminent risk to the safety of the public or a substantial risk that the individual will flee. [...] Generally, if the police disagree with the prosecutor’s assessment of whether the charge should be laid, the police may either lay the charge contrary to the prosecutor’s 7 The PPSC’s default charge screening process is to apply the charge screening process used in the province where the charges are laid.