Legal Research

Prosecutorial Discretion

By Arthur Wilson

I’ve just started my LLM at U of T and am considering a paper/article on the limits of prosecutorial discretion. A defining personal example for me is the racing legislation under the Ontario HTA. With that legislation the Ontario Government created a circumstance where 2 identical fact situations could be subject to two different charges under the HTA at the discretion of the crown. Given that there’s unlikely to be much high level discussion of matters related to the HTA, I’m interested if any SLAW members are aware of other statutes (provincial or federal) where two identical fact situations could be subject to different charges under the same statute, or perhaps different statutes. More examples will allow me to find more case law from higher level courts, and this will assist my research and give more weight to the paper.

Full post as published by Slaw.ca on September 11, 2009 (boomark / email).