Crown Attorney
The Crown attorney is the lawyer who prosecutes criminal cases on behalf of the state. In Ontario, provincial Crown attorneys are employees of the Ministry of the Attorney General; federal Crown attorneys, handling drug, tax, and certain other prosecutions, are employees of the Public Prosecution Service of Canada. The Crown represents the public interest in the prosecution — not the complainant, and not any individual victim.
Mass Tsang's criminal lawyers engage with both provincial and federal Crowns across the GTA in their day-to-day practice.
The Crown's quasi-judicial role
Unlike defence counsel, the Crown is not a partisan advocate. The Supreme Court has repeatedly held — going back at least to R v Boucher, 1955 — that the Crown's duty is to do justice, not to seek conviction at any cost. The Crown must put its case forward firmly and fairly, disclose all relevant evidence, refrain from inflammatory tactics, and exercise its discretion in the public interest. The Crown's role is sometimes called "quasi-judicial."
Crown discretion
The Crown exercises significant discretion in a criminal case. Key decisions include: whether there is a reasonable prospect of conviction (the screening threshold); whether prosecution is in the public interest; whether to proceed by indictment or summarily on a hybrid offence; whether to offer or accept a resolution; what position to take on sentence; whether to seek detention at a bail hearing; and whether to consent to bail variations or appeals. Most of these decisions cannot be judicially reviewed except in cases of flagrant impropriety.
Working with the Crown
Effective defence work involves substantial engagement with the Crown attorney. Disclosure issues, pre-trial conferences, plea negotiations, and trial management all involve direct dialogue. Crown attorneys vary in approach — some take harder lines, others are more open to creative resolutions. Established defence counsel know the dynamics of each Crown's office and tailor their approach accordingly.
Federal and provincial Crowns
Most criminal prosecutions in Ontario are conducted by provincial Crown attorneys. Federal Crowns handle CDSA prosecutions (drugs), most tax offences, terrorism matters, and certain other federally regulated offences. The distinction matters for disclosure protocols, internal Crown policies, and resolution practice.
Related glossary terms
