P-27.1 - Act respecting the process for determining the remuneration of criminal and penal prosecuting attorneys and respecting their collective bargaining plan

Section 4 Disposition versions

2007-03-15

4. (Repealed).

1969, c. 20, s. 4; 1990, c. 4, s. 841; 1992, c. 61, s. 596; 1999, c. 40, s. 311; 1999, c. 61, s. 1; 2005, c. 34, s. 77.

1999-11-26

4. In addition to the duties and functions which the Attorney General determines, every prosecutor shall fulfil, under the authority of the former, the following duties and powers:

(a)  he shall examine the proceedings and documents relating to offences against the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) and, where necessary, authorize prosecutions against the offenders, cause the evidence submitted to be completed, and see to the summoning of witnesses and to the production of pertinent documents;

(b)  he shall participate in the inquiries held by any coroner or fire investigation commissioner and by any person vested with the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) at the request of such coroner, investigation commissioner or person; he may also intervene therein of his own motion;

(c)  he shall act and plead before the courts of original jurisdiction or of appeal, in any prosecution instituted under the Criminal Code;

(d)  he shall supervise the cases conducted by private prosecutors and, if the interests of justice so require, conduct the prosecution;

(e)  he shall examine the written proceedings and the documents relating to the prosecution of offences under the Code of Penal Procedure (chapter C-25.1) or any other law of Québec, including a regulation made thereunder by the competent authority, in order to verify the validity and cogency of the charges to be brought;

(e.1)  he shall authorize the issue of a statement of offence or cause additional evidence of the offence to be collected;

(e.2)  he shall conduct the prosecution of such offences, and perform any act prior or accessory to the prosecution, whether in first instance, extraordinary remedy or appeal, except in the case of proceedings instituted by a municipality for an offence under a municipal by-law committed by a person 18 years of age or over;

(e.3)  he shall submit to the judge the representations he considers appropriate in the public interest when an application for the issue of a statement of offence is made by a private prosecutor, and he may conduct any prosecution thus instituted or act in an advisory capacity;

(e.4)  he may, in the name of the Attorney General, execute any proceeding provided for by law, in particular by the Code of Penal Procedure;

(f)  he shall bring in appeal any case in which he may act under this Act, when in his opinion the public interest so requires;

(g)  he shall inquire into the facts relating to any application for bail made by an accused and shall submit to the court the representations necessary in this respect;

(h)  in the cases where bail has been fixed, he shall satisfy himself as to the sufficiency of the sureties offered and shall see that the procedures required for the valid publication of such sureties are accomplished;

(i)  he shall advise peace officers and persons entrusted with law enforcement acting in the performance of their duties on any matter under the jurisdiction of the Criminal Code or of any penal provision of a law or regulation of Québec.

1969, c. 20, s. 4; 1990, c. 4, s. 841; 1992, c. 61, s. 596; 1999, c. 40, s. 311; 1999, c. 61, s. 1.

1999-10-22

4. In addition to the duties and functions which the Attorney General determines, every prosecutor shall fulfil, under the authority of the former, the following duties and powers:

(a)  he shall examine the proceedings and documents relating to offences against the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) and, where necessary, authorize prosecutions against the offenders except in cases where the previous authorization of the Attorney General is required, cause the evidence submitted to be completed, and see to the summoning of witnesses and to the production of pertinent documents;

(b)  he shall participate in the inquiries held by any coroner or fire investigation commissioner and by any person vested with the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) at the request of such coroner, investigation commissioner or person; he may also intervene therein of his own motion;

(c)  he shall act and plead before the courts of original jurisdiction or of appeal, in any prosecution instituted under the Criminal Code;

(d)  he shall supervise the cases conducted by private prosecutors and, if the interests of justice so require, conduct the prosecution;

(e)  he shall examine the written proceedings and the documents relating to the prosecution of offences under the Code of Penal Procedure (chapter C-25.1) or any other law of Québec, including a regulation made thereunder by the competent authority, in order to verify the validity and cogency of the charges to be brought;

(e.1)  he shall authorize the issue of a statement of offence or cause additional evidence of the offence to be collected;

(e.2)  he shall conduct the prosecution of such offences, and perform any act prior or accessory to the prosecution, whether in first instance, extraordinary remedy or appeal, except in the case of proceedings instituted by a municipality for an offence under a municipal by-law committed by a person 18 years of age or over;

(e.3)  he shall submit to the judge the representations he considers appropriate in the public interest when an application for the issue of a statement of offence is made by a private prosecutor, and he may conduct any prosecution thus instituted or act in an advisory capacity;

(e.4)  he may, in the name of the Attorney General, execute any proceeding provided for by law, in particular by the Code of Penal Procedure;

(f)  he shall bring in appeal any case in which he may act under this Act, when in his opinion the public interest so requires;

(g)  he shall inquire into the facts relating to any application for bail made by an accused and shall submit to the court the representations necessary in this respect;

(h)  in the cases where bail has been fixed, he shall satisfy himself as to the sufficiency of the sureties offered and shall see that the procedures required for the valid publication of such sureties are accomplished;

(i)  he shall advise peace officers and persons entrusted with law enforcement acting in the performance of their duties on any matter under the jurisdiction of the Criminal Code or of any penal provision of a law or regulation of Québec.

1969, c. 20, s. 4; 1990, c. 4, s. 841; 1992, c. 61, s. 596; 1999, c. 40, s. 311.

1993-11-01

4. In addition to the duties and functions which the Attorney General determines, every prosecutor shall fulfil, under the authority of the former, the following duties and powers:

(a)  he shall examine the proceedings and documents relating to offences against the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) and, where necessary, authorize prosecutions against the offenders except in cases where the previous authorization of the Attorney General is required, cause the evidence submitted to be completed, and see to the summoning of witnesses and to the production of pertinent documents;

(b)  he shall participate in the inquiries held by any coroner or fire investigation commissioner and by any person vested with the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) at the request of such coroner, investigation commissioner or person; he may also intervene therein of his own motion;

(c)  he shall act and plead before the courts of original jurisdiction or of appeal, in any prosecution instituted under the Criminal Code;

(d)  he shall supervise the cases conducted by private prosecutors and, if the interests of justice so require, conduct the prosecution;

(e)  he shall examine the written proceedings and the documents relating to the prosecution of offences under the Code of Penal Procedure (chapter C-25.1) or any other law of Québec, including a regulation made thereunder by the competent authority, in order to verify the validity and cogency of the charges to be brought;

(e.1)  he shall authorize the issue of a statement of offence or cause additional evidence of the offence to be collected;

(e.2)  he shall conduct the prosecution of such offences, and perform any act prior or accessory to the prosecution, whether in first instance, extraordinary remedy or appeal, except in the case of proceedings instituted by a municipality for an offence under a municipal by-law committed by a person 18 years of age or over;

(e.3)  he shall submit to the judge the representations he considers appropriate in the public interest when an application for the issue of a statement of offence is made by a private prosecutor, and he may conduct any prosecution thus instituted or act in an advisory capacity;

(e.4)  he may, in the name of the Attorney General, execute any proceeding provided for by law, in particular by the Code of Penal Procedure;

(f)  he shall bring in appeal any case in which he may act under this Act, when in his opinion the public interest so requires;

(g)  he shall inquire into the facts relating to any application for bail made by an accused and shall submit to the court the representations necessary in this respect;

(h)  in the cases where bail has been fixed, he shall satisfy himself as to the sufficiency of the sureties offered and shall see that the procedures required for the valid registration of such sureties are accomplished;

(i)  he shall advise peace officers and persons entrusted with law enforcement acting in the performance of their duties on any matter under the jurisdiction of the Criminal Code or of any penal provision of a law or regulation of Québec.

1969, c. 20, s. 4; 1990, c. 4, s. 841; 1992, c. 61, s. 596.

1990-10-01

4. In addition to the duties and functions which the Attorney General determines, every prosecutor shall fulfil, under the authority of the former, the following duties and powers:

(a)  he shall examine the proceedings and documents relating to offences against the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) and, where necessary, authorize prosecutions against the offenders except in cases where the previous authorization of the Attorney General is required, cause the evidence submitted to be completed, and see to the summoning of witnesses and to the production of pertinent documents;

(b)  he shall participate in the inquiries held by any coroner or fire investigation commissioner and by any person vested with the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) at the request of such coroner, investigation commissioner or person; he may also intervene therein of his own motion;

(c)  he shall act and plead before the courts of original jurisdiction or of appeal, in any prosecution instituted under the Criminal Code;

(d)  he shall supervise the cases conducted by private prosecutors and, if the interests of justice so require, conduct the prosecution;

(e)  he shall conduct the prosecution, in first instance or in appeal, for any offence against a law of Québec, including a regulation or by-law made by the competent authority under that law, except in the case of proceedings instituted by a municipality to sanction a violation of a municipal by-law committed by a person 18 years of age or over;

(f)  he shall bring in appeal any case in which he may act under this Act, when in his opinion the public interest so requires;

(g)  he shall inquire into the facts relating to any application for bail made by an accused and shall submit to the court the representations necessary in this respect;

(h)  in the cases where bail has been fixed, he shall satisfy himself as to the sufficiency of the sureties offered and shall see that the procedures required for the valid registration of such sureties are accomplished;

(i)  he shall advise peace officers acting in the performance of their duties on any matter under the jurisdiction of the Criminal Code or of any penal law of Québec.

1969, c. 20, s. 4; 1990, c. 4, s. 841.

1988-12-12

4. In addition to the duties and functions which the Attorney General determines, every prosecutor shall fulfil, under the authority of the former, the following duties and powers:

(a)  he shall examine the proceedings and documents relating to offences against the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) and, where necessary, authorize prosecutions against the offenders except in cases where the previous authorization of the Attorney General is required, cause the evidence submitted to be completed, and see to the summoning of witnesses and to the production of pertinent documents;

(b)  he shall participate in the inquiries held by any coroner or fire investigation commissioner and by any person vested with the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) at the request of such coroner, investigation commissioner or person; he may also intervene therein of his own motion;

(c)  he shall act and plead before the courts of original jurisdiction or of appeal, in any prosecution instituted under the Criminal Code;

(d)  he shall supervise the cases conducted by private prosecutors and, if the interests of justice so require, conduct the prosecution;

(e)  he shall conduct the prosecution for any offence against a law of Québec, in first instance or in appeal;

(f)  he shall bring in appeal any case in which he may act under this act, when in his opinion the public interest so requires;

(g)  he shall inquire into the facts relating to any application for bail made by an accused and shall submit to the court the representations necessary in this respect;

(h)  in the cases where bail has been fixed, he shall satisfy himself as to the sufficiency of the sureties offered and shall see that the procedures required for the valid registration of such sureties are accomplished;

(i)  he shall advise peace officers acting in the performance of their duties on any matter under the jurisdiction of the Criminal Code or of any penal law of Québec.

1969, c. 20, s. 4.

1977-12-31

4. In addition to the duties and functions which the Attorney General determines, every prosecutor shall fulfil, under the authority of the former, the following duties and powers:

(a)  he shall examine the proceedings and documents relating to offences against the Criminal Code and, where necessary, authorize prosecutions against the offenders except in cases where the previous authorization of the Attorney General is required, cause the evidence submitted to be completed, and see to the summoning of witnesses and to the production of pertinent documents;

(b)  he shall participate in the inquiries held by any coroner or fire investigation commissioner and by any person vested with the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) at the request of such coroner, investigation commissioner or person; he may also intervene therein of his own motion;

(c)  he shall act and plead before the courts of original jurisdiction or of appeal, in any prosecution instituted under the Criminal Code;

(d)  he shall supervise the cases conducted by private prosecutors and, if the interests of justice so require, conduct the prosecution;

(e)  he shall conduct the prosecution for any offence against a law of Québec, in first instance or in appeal;

(f)  he shall bring in appeal any case in which he may act under this act, when in his opinion the public interest so requires;

(g)  he shall inquire into the facts relating to any application for bail made by an accused and shall submit to the court the representations necessary in this respect;

(h)  in the cases where bail has been fixed, he shall satisfy himself as to the sufficiency of the sureties offered and shall see that the procedures required for the valid registration of such sureties are accomplished;

(i)  he shall advise peace officers acting in the performance of their duties on any matter under the jurisdiction of the Criminal Code or of any penal law of Québec.

1969, c. 20, s. 4.