Backgrounder

August 24, 2007

Prior to 1857: The Attorney General was the Crown’s chief prosecutor in Ontario (Upper Canada) and frequently appeared in court in serious criminal cases.  The vast majority of cases were prosecuted by what was called a “private informant” — the victim or another interested party.  Often, no one appeared for the Crown and many cases were dismissed.

1857: The Attorney General for Canada West, John A. MacDonald introduced the Upper Canada County Attorneys Act, establishing a network of criminal prosecutors to appear on his behalf, which was on behalf of the Crown — Queen Victoria. 

1858:  The new law was proclaimed in force on January 1, 1858.  Nineteen prosecutors were appointed to represent the Crown by the Governor General, as Canada was still a British Colony. 

1857 – 1867:  While attorneys acting for the Crown prosecuted cases, the death penalty had to be confirmed by the Colonial Office in England.

1867:  Confederation. Canada became a nation and John A. MacDonald became its first Prime Minister.

1892:  The Criminal Code of Canada was passed into law.  For the first time in Canada, accused people had the right to testify in their own defence.

1909:  The Crown Attorneys Act was passed, replacing the Upper Canada County Attorneys Act.

1914 – 1918:  During World War I, as Ontario’s population grew, the Crown Attorneys Act was amended to create the first Assistant Crown attorneys to help prosecute cases, first in the Toronto region, and later in other counties.

1964:  The Crown Attorneys Act was amended so that Crowns were appointed not to a county, but to the Province of Ontario.  For the first time in Ontario, Crowns were given the right to vote in provincial elections.

1972:  The first woman was sworn in as an assistant Crown attorney. (The first female county Crown attorney was appointed in 1984.)

1982:  The Canadian Charter of Rights and Freedoms was adopted.

Today, more than 900 Crown attorneys, assistant Crown attorneys and Crown counsel  prosecute approximately half a million charges each year on behalf of the people of Ontario.

- 30 -

Disponible en français