{{Short description|Prosecutor in the Canadian legal system}} {{Use Canadian English|date=February 2026}} {{Use mdy dates|date=February 2026}}
{{Infobox occupation | name = Crown prosecutor | synonyms = {{ubl|Crown counsel |Crown attorney}} | pronounce = | image = Royal Crown of Canada.svg | imagesize = 150px | alt = | caption = Prosecutions in Canada are conducted in the name of the Crown | official_names = | type= '''Profession''' | activity_sector = Civil service, practice of law | competencies = | formation = {{nowrap|Law degree (J.D./LL.B./B.C.L./LL.L.)}}<br>Bar exam | employment_field = | related_occupation = 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 prosecutor''', '''Crown attorney''', and '''Crown counsel'''.
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 ''Firearms 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 and wildlife laws.<ref>Monique M Passelac-Ross, [https://canlii.ca/t/t2sd "Overview of Provincial Wildlife Laws"], Canadian Institute of Resources Law, 2006 CanLIIDocs 570 (retrieved Febraruy 15, 2026).</ref>
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 and the procurator fiscal in Scotland.
==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|date=February 2022}} by virtue of the "interpretation" section of the ''Criminal Code''.<ref>{{Cite canlaw |short title=Criminal Code |abbr=R.S.C. |year=1985 |chapter=C-46 |section=2 "Attorney General" |link=https://laws-lois.justice.gc.ca/eng/acts/c-46/section-2.html |linklok=Government of Canada}}</ref> 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.<ref>{{Cite web |title=Crown Prosecution Manual |website=ontario.ca |author=Ministry of the Attorney General |url=https://www.ontario.ca/document/crown-prosecution-manual |access-date=2025-10-30}}</ref> 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|date=November 2025}} as less politically motivated than other systems.
==Term used for the office in different jurisdictions== * Federal: Crown counsel<ref>[https://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p2/ch02.htmlPublic Prosecution Service of Canada: 2.2 Duties and Responsibilities of Crown Counsel.]</ref> * Alberta: Crown prosecutor<ref>[https://www.alberta.ca/alberta-crown-prosecution-service Alberta Crown Prosecution Service.]</ref> * British Columbia: Crown counsel<ref>[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bc-prosecution-service BC Prosecution Service.]</ref> * Manitoba: Crown attorney<ref>[https://www.gov.mb.ca/justice/crown/prosecutions/role.html Manitoba Prosecution Service: Role of the Manitoba Prosecution Service.]</ref> * New Brunswick: Crown prosecutor<ref>[https://www2.gnb.ca/content/dam/gnb/Departments/ag-pg/PDF/en/PublicProsecutionOperationalManual/Policies/Interpretation.pdf New Brunswick — Office of Attorney General — Public Prosecutions Operational Manual — Chapter II: Interpretation and Application.]</ref> * Newfoundland and Labrador: Crown attorney<ref>[https://www.gov.nl.ca/jps/ Newfoundland and Labrador — Justice and Public Safety — Prosecutions — Public Prosecutions Guide Book.]</ref> * Nova Scotia: Crown attorney<ref>[https://novascotia.ca/pps/crown_manual.asp Nova Scotia Crown Attorney Manual: Prosecution and Administrative Policies for the PPS.]</ref> * Ontario: Crown attorney<ref>[https://www.ontario.ca/document/crown-prosecution-manual/words-and-phrases Ontario Law and Safety — Crown Prosecution Manual — Words and Phrases.]</ref> * Prince Edward Island: Crown attorney<ref>[https://www.princeedwardisland.ca/sites/default/files/publications/guide_book_of_policies_and_procedures_for_the_conduct_of_criminal_prosecutions.pdf ''Guide Book of Policies and Procedures for the Conduct of Criminal Prosecutions in Prince Edward Island'', "Introduction", p. 1-1.]</ref> * Quebec: Criminal and penal prosecuting attorney<ref>[https://www.quebec.ca/en/justice-et-etat-civil/systeme-judiciaire/intervenants-du-systeme-judiciaire/le-procureur-aux-poursuites-criminelles-et-penales/role-prosecuting-attorneys 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.)</ref> * Saskatchewan: Crown prosecutor<ref>[https://www.saskatchewan.ca/government/directory?ou=79c027dd-1984-42e0-82f7-898d7a42ba78 Saskatchewan Government Directory: Justice and Attorney General — Public Prosecutions.]</ref> * Northwest Territories: Crown counsel<ref name=territories>In all three territories, criminal prosecutions are conducted by federal Crown counsel: [https://www.ppsc-sppc.gc.ca/eng/bas/index.html#section_1_9 Public Prosecution Service of Canada — About the PPSC — Areas of Prosecution.]</ref> * Nunavut: Crown counsel<ref name=territories/> * Yukon: Crown counsel<ref name=territories/>
== Crown office ==
In Ontario and in some other provinces of Canada, the '''Crown Attorney Office''' is the office that is in charge of prosecuting the majority of criminal cases. For the most part, each office is under the jurisdiction of the provincial Attorney General (or the Minister of Justice in Quebec), who is responsible for the conduct of criminal prosecutions at the provincial level.
The offices are generally spread out across each province by municipal districts (county, regional municipality, etc.). Large cities like Toronto have several Crown Attorney Offices. Each office reports to the provincial Attorney General (or Minister of Justice).
In British Columbia, Nova Scotia and Quebec, the "Director of Public Prosecutions" (or ''Direction générale des poursuites publiques'') is responsible for criminal cases. In other provinces, the office is referred to as the "Crown Attorney's Office" or a similar title.
For federal criminal cases, the Public Prosecution Service of Canada is the responsible entity.
==List of offices across Canada== *Alberta – Chief Crown Prosecutor – Crown Prosecutor's Office<ref>{{Cite web|url=http://justice.alberta.ca/programs_services/criminal_pros/Pages/default.aspx|title = Justice and Solicitor General}}</ref> *British Columbia – Director of Public Prosecution – Office of Public Prosecution *Manitoba – Chief Crown Attorney – Manitoba Prosecution Service *New Brunswick – Chief Crown Prosecutor – Crown Prosecutors Office *Newfoundland and Labrador – Chief Crown Prosecutor – Public Prosecution Office *Nova Scotia – Chief Crown Attorney – Office of Public Prosecution<ref>{{Cite web|url=http://www.gov.ns.ca/pps/|title = Nova Scotia Public Prosecution Service | novascotia.ca}}</ref> *Ontario – Chief Crown Attorney – Crown Attorney's Office *Prince Edward Island – Chief Crown Attorney – Crown Attorneys' Office <ref>{{cite web |url=http://www.gov.pe.ca/jps/index.php3?number=1027245&lang=E |url-status=dead |archive-url=https://web.archive.org/web/20101002044341/http://www.gov.pe.ca/jps/index.php3?number=1027245&lang=E |archive-date=2010-10-02 |title=Department of Justice and Public Safety: Crown Attorneys' Office}}</ref> *Quebec – Director of Criminal and Penal Prosecutions – Office of the Director of Criminal and Penal Prosecutions *Saskatchewan – Chief Crown Prosecution – Public Prosecution Office *Yukon – Chief Crown Prosecution – Crown Prosecution Office *Northwest Territories – Chief of Public Prosecution – Office of Public Prosecution *Nunavut – Director of Public Prosecution – Public Prosecution Service of Canada
==See also==
* Crown prosecutor * Crown counsel * Director of Public Prosecutions * Public Prosecution Service of Canada
==References== {{reflist}}
===Sources=== *[https://www.canadianencyclopedia.ca/index.cfm?PgNm=TCE&Params=A1ARTA0002047 Crown attorney] on the Canadian Encyclopedia
* [https://web.archive.org/web/20051217002706/http://www.attorneygeneral.jus.gov.on.ca/english/about/artcl/2006-7/crownsys.asp Criminal Law Division - Crown Attorney System]
Category:Canadian criminal law * Category:Law of Canada Category:Legal professions Category:Prosecution Category:Prosecution services