ahm
New Member
From the LeSage report, REPORT OF THE REVIEW OF LARGE AND COMPLEX CRIMINAL CASE PROCEDURES:
If you look through the Ministry of the Attorney General's website about Guns & Gangs, you can find information about the Crown working hand in hand with police investigators on major crimes in the pre-charge phase to assist officers with the complexities of disclosure, Charter issues, and other problems with stick-handling a massive investigation through a trial. In Nov 2008, the Ministry announced "Major Case Crowns", who are embedded in police stations, including in Toronto.
It strikes me that if the Crown is involved in advising on Brazen 2 - as they must be, given that they had to be involved in Traveller - then if they had recommended TPS hand it off to OPP or RCMP it would have already been done. The Crown will sometimes throw their hands up in the air, saying there is no reasonable chance of conviction, and give up on a case. It could still happen, but as it hasn't yet, and we know that TPS has invested serious and significant resources (a fucking Cessna? are you kidding me?) so it seems clear that they intend to pursue this all the way to a trial. So I don't think they are going to fail to press charges; and if they do, I'll be glad because it will mean that the Mayor is actually likely not involved in any serious crime. Ultimately, despite how much I loathe the Mayor and his brother's praxis, I do want the city I was born in, live in, and love, to be untarnished of the taint of a criminally charged and tried and convicted Mayor.
At the same time, the police and the Crown remain constitutionally independent from one another. The police cannot be directed by any governmental official in their operational duties, in order to protect criminal investigations from political interference. In Shirose, the Court was unanimous in holding that “the Commissioner [of the RCMP] is not to be considered a servant or agent of the government while engaged in a criminal investigation. The Commissioner is not subject to political direction.” The Court adopted Lord Denning’s famous pronouncement, in this regard, to the effect that police officers are “independent of the executive” and, when carrying out criminal investigative duties, police officers are “not the servant of anyone, save of the law itself.”
If you look through the Ministry of the Attorney General's website about Guns & Gangs, you can find information about the Crown working hand in hand with police investigators on major crimes in the pre-charge phase to assist officers with the complexities of disclosure, Charter issues, and other problems with stick-handling a massive investigation through a trial. In Nov 2008, the Ministry announced "Major Case Crowns", who are embedded in police stations, including in Toronto.
It strikes me that if the Crown is involved in advising on Brazen 2 - as they must be, given that they had to be involved in Traveller - then if they had recommended TPS hand it off to OPP or RCMP it would have already been done. The Crown will sometimes throw their hands up in the air, saying there is no reasonable chance of conviction, and give up on a case. It could still happen, but as it hasn't yet, and we know that TPS has invested serious and significant resources (a fucking Cessna? are you kidding me?) so it seems clear that they intend to pursue this all the way to a trial. So I don't think they are going to fail to press charges; and if they do, I'll be glad because it will mean that the Mayor is actually likely not involved in any serious crime. Ultimately, despite how much I loathe the Mayor and his brother's praxis, I do want the city I was born in, live in, and love, to be untarnished of the taint of a criminally charged and tried and convicted Mayor.