Canada
Prosecution in Canada
A split prosecution service — the federal Public Prosecution Service of Canada for federal offences and for everything in the territories, and provincial Crown services for most Criminal Code offences in the provinces.
Facts on this page were checked against their sources on .
Prosecution in Canada is split between the federal government and the provinces, along two axes: the type of offence, and geography. Federally, the Public Prosecution Service of Canada is headed by the Director of Public Prosecutions, whom "the Governor in Council shall, on the recommendation of the Attorney General, appoint" under the Director of Public Prosecutions Act (s.3(1)).
The same idea, explained generally
- What does a prosecutor do?
A prosecutor decides whether a criminal case should be brought, on what charges, and presents it in court. This guide explains the tests applied, the duties owed, and how the role differs between systems.
- Why do justice systems need oversight?
Justice institutions hold coercive powers, often operate out of public view, and make decisions that are hard to reverse. This guide explains the oversight mechanisms built to detect and correct errors, and their limits.
Sources
Sources
About Us — Public Prosecution Service of Canada
Public Prosecution Service of Canada (ppsc-sppc.gc.ca) · Institutional (self-description) · link verified 2026-07-26
The PPSC's own page, read in full. Supports that the PPSC prosecutes offences under federal statutes and that 'In the territories, we are the only prosecutors and conduct all prosecutions of offences against the Criminal Code and all federal laws/acts' — the basis for the territories' prosecutionScope being national (federal) rather than the territory's own, in contrast to the provinces, where provincial Crowns conduct most Criminal Code prosecutions.
Director of Public Prosecutions Act (SC 2006, c. 9, s. 121)
Government of Canada — Justice Laws Website (laws-lois.justice.gc.ca) · Legislation · link verified 2026-07-26
The statute establishing the federal Director of Public Prosecutions (English; French equally authoritative), read for the relevant sections. Supports s.3(1): the Governor in Council 'shall, on the recommendation of the Attorney General, appoint a Director of Public Prosecutions' — the statutory head of the PPSC, which initiates and conducts prosecutions within the jurisdiction of the Attorney General of Canada. Both versions have legal effect.
Constitution Act, 1867 (30 & 31 Victoria, c. 3 (UK))
Government of Canada — Justice Laws Website (laws-lois.justice.gc.ca) · Legislation · 1867-07-01 · link verified 2026-07-26
The authoritative consolidated text (English; the French 'Loi constitutionnelle de 1867' is equally authoritative), read in full. THE backbone of the division of powers. Supports: s.91(27) FEDERAL exclusive authority over 'The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters'; s.91(28) federal 'Penitentiaries'; the s.91 opening 'exclusive Legislative Authority' plus the residual 'Peace, Order, and good Government' power (POGG is FEDERAL — the inverse of the United States); s.92(14) PROVINCIAL exclusive authority over 'The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction'; s.92(6) provincial 'Public and Reformatory Prisons'; s.96 'The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province'; s.100 (Parliament fixes and pays superior-court judges' salaries); s.101 (Parliament may establish a general court of appeal and additional federal courts). Establishes the characteristic Canadian arrangement: one federal criminal law, provincially administered. Both language versions have legal effect.