There’s much to envy about Vancouver: nearby mountain ranges, the Pacific Ocean, the fact that a rogue police officer can’t ruin your life on a whim.
British Columbia’s criminal justice system has what’s called a charge approval process. Most of Canada has this. Ontario does not. It makes all the difference in the world, and explains much of the bad behaviour of our police department.
The very first step after an arrest is deciding whether to lay a criminal charge. In Toronto, the police make that call. An officer can arrest and charge you on his or her lonesome – unheard of powers in most of the Western world.
Everywhere else, a Crown attorney decides, based on a synopsis provided by the arresting officer, on a charge. A much more considered process.
“To me, British Columbia has it right,” writes Anna Stuffco of Toronto’s Robichaud’s Criminal Defence Litigation in her firm’s blog. “There, charges are not laid by police, but by government lawyers. This is what ultimately leads to a more transparent system of justice.”
To be charged with a crime in Toronto, all that’s necessary is an allegation. And once a criminal charge is laid, it’s very difficult to make it go away.
Everywhere else, if a Crown decides there is no reasonable prospect of conviction, the charge dissolves and no further action is taken.
Back here, since the threshold for charges exists in a police officer’s mind, the courts are rammed with all kinds of cases.
The first time anyone critically examines charges is in court – a very expensive vetting system.
While it’s easy to forget, police officers are mammals just like the rest of us.
They get angry, confused, vengeful and a range of other emotions.
Allowing these emotional beings to charge whomever they please with crimes, without an intelligible procedure or consultation with the law, is unconscionable.
Bring charge approvals to Ontario.
joshuae@nowtoronto.com
