1991-01-21 10:18 SECURITY BRANCH
852 868 5074
F.14
-
13.
I conclude that if public confidence shaken in the integrity of that
has been
of
decisions
part
made and
concern of
the judicial process whether or not to prosecute
communicated
whereby
are
it
be must
the
the Governor-in-Council rather
than of the courts,
19
that Applying
authority,
I come
following conclusions:
(1)
Whilst
General's
it i.s
within
the
Attorney
exclusive
authority to
prosecute or not, and his decision may
not be
be made
made the subject of judicial
review, the safeguard its own process from abuse.
Court is entitled
to
(2)
It is a grave matter
(3)
(4)
for a Court to
refuse to hear a prosecution.
In determing whether there is an abuse of process, prejudice to the accused need not be proved.
the
As in the case of Harris, the Attorney
General is
to entitled
balance
public interests of prosecuting or not
prosecuting.
(5)
The categories
closed.
of abuse are never
(6)
The Courts are nevertheless loath extend the categories of abuse.
to
}
to
the