D-9.1.1 - Act respecting the Director of Criminal and Penal Prosecutions

À jour au 5 mars 2007

Ce document a valeur officielle.

chapter D-9.1.1

Act respecting the Director of Criminal and Penal Prosecutions

CHAPTER I CREATION OF OFFICE OF DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS AND APPOINTMENT OF DIRECTOR

1. This Act creates the office of Director of Criminal and Penal Prosecutions.

In force: 2007-03-15

Under the general authority of the Minister of Justice and Attorney General, the Director directs all criminal and penal prosecutions in Québec on behalf of the State. The Director exercises the functions conferred on the Director of Criminal and Penal Prosecutions by this Act, with the independence provided for in this Act.

In force: 2007-03-15

The Director is by virtue of office “Deputy Attorney General” for criminal and penal prosecutions. The Director is also the lawful deputy of the Attorney General of Québec within the meaning of the Criminal Code, as are the prosecutors under the Director’s authority.

2005, c. 34, s. 1.

2. On the recommendation of the Minister of Justice, the Government appoints the Director from among advocates with at least ten years’ practice. The person recommended must be chosen from a list of persons declared qualified to hold the office by the selection committee formed for that purpose.

2005, c. 34, s. 2.

3. During the year that precedes the end of the Director’s term or as soon as the office becomes vacant, the Minister publishes a notice inviting the members of Québec’s legal community to apply for the office of Director or to propose the name of a person they consider qualified to hold that office, in accordance with the procedure the Minister determines.

The Minister also forms a selection committee. The committee is made up of the Deputy Minister of Justice and four other members including an advocate recommended by the Bâtonnier of the Province of Québec, a professor of law recommended by the deans of Québec’s law faculties, a person recommended by bodies representing the municipal sector and a person chosen by the Minister from among persons active in crime victims support organizations.

The committee promptly evaluates the candidates’ aptitude on the basis of their knowledge, particularly in criminal and penal law, their experience and their qualifications, according to the criteria determined by government regulation. Without delay, the committee presents to the Minister a report in which it lists the candidates it has met whom it considers qualified to hold the office of Director. All information and documents regarding the candidates and the proceedings of the committee are confidential.

The members of the committee receive no remuneration except in the cases and on the conditions that may be determined by the Government. They are, however, entitled to the reimbursement of expenses to the extent determined by the Government.

2005, c. 34, s. 3.

In the first paragraph, the following words are not in force: “During the year that precedes the end of the Director’s term or as soon as the office becomes vacant, ” (2005, c. 34, s. 95; Order in Council 237-2006 dated 29 March 2006, (2006) 138 G.O. 2, 1230).

4. The Director is appointed for a non-renewable seven-year term. At the expiry of the term, the Director remains in office until replaced. The Director may resign at any time by giving written notice to the Minister of Justice.

2005, c. 34, s. 4.

5. On the recommendation of the Minister of Justice, the Government appoints a Deputy Director from among criminal and penal prosecuting attorneys with at least ten years’ practice as advocates. The Government also determines the length of the Deputy Director’s term, which may not be shorter than five years nor longer than seven.

The person recommended must be chosen from a list of persons declared qualified to hold the office by a selection committee formed for that purpose and made up of the Deputy Minister of Justice, a person recommended by the Bâtonnier of the Province of Québec and the Director, following the issue of a notice inviting criminal and penal prosecuting attorneys to apply.

The Deputy Director may resign at any time by giving written notice to the Director. At the expiry of the term, the Deputy Director remains in office until replaced.

2005, c. 34, s. 5.

This section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

6. The Director and the Deputy Director cannot be dismissed or suspended without remuneration by the Government except for cause, on the recommendation of the Minister after receiving a report from the Commission de la fonction publique. The suspension may not exceed three months.

In an urgent situation requiring prompt intervention, or in a presumed case of serious fault, the Minister may provisionally relieve the Director or the Deputy Director from their duties with remuneration.

2005, c. 34, s. 6.

7. The Government determines the remuneration, employment benefits and other conditions of employment of the Director and the Deputy Director on the recommendation of the Minister of Justice; their remuneration, once set, cannot be reduced.

2005, c. 34, s. 7.

8. Before entering office, the Director and the Deputy Director take the oath provided in Schedule 1 before the chief judge of the Court of Québec.

2005, c. 34, s. 8.

10. The Director and the Deputy Director must exercise their functions on a full-time basis.

They may not engage in any partisan political activity.

2005, c. 34, s. 10.

11. An act, document or writing is binding on or may be attributed to the Director only if it is signed by the Director or by the Deputy Director or, to the extent provided in the delegation of signature instrument, by a member of the Director’s personnel. The delegation instrument must be published in the Gazette officielle du Québec but takes effect upon its signing by the Director.

In any civil or penal proceedings, any document purporting to be signed by the Director or Deputy Director is evidence of its contents and of the capacity of the signatory, in the absence of proof to the contrary.

2005, c. 34, s. 11.

12. The Director is the chief executive officer of an agency.

The head office of the Director is in the territory of Ville de Québec. A notice of the location of the head office is published in the Gazette officielle du Québec.

2005, c. 34, s. 12.

CHAPTER II FUNCTIONS AND POWERS OF DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS

18. The Director issues instructions with respect to criminal and penal prosecutions for the benefit of the prosecutors under the Director’s authority. The instructions must incorporate the policies and measures established by the Minister of Justice, and the Director ensures that they are accessible to the public.

These instructions apply, with the necessary modifications determined after taking into account the opinion of designated prosecutors, including municipalities, to any attorney acting for the prosecution in criminal or penal proceedings, including before municipal courts. The Director publishes a notice in the Gazette officielle du Québec indicating the date as of which an instruction applies to one or more designated prosecutors. Subsequently, if the Director must intervene in criminal or penal proceedings because the instructions were not complied with, the prosecutor concerned must assume the costs.

The Director supervises proceedings instituted by private prosecutors and, if the interests of justice so require, acts as advisor, intervenes, conducts the proceedings or terminates them.

2005, c. 34, s. 18.

22. The policies developed and the measures implemented by the Minister of Justice concerning the general conduct of criminal and penal proceedings must be aimed particularly at ensuring that the legitimate interests of the victims of crime are taken into account, that witnesses are respected and protected, that criminal and penal prosecuting attorneys are present and assigned throughout the territory of Québec, that certain types of proceedings are processed and that non-judicial approaches or alternatives to prosecution are applied.

The policies and measures are published by the Minister of Justice in the Gazette officielle du Québec and are brought to the Director’s attention.

The Minister of Justice may ask the Director for any information needed to carry out this responsibility.

2005, c. 34, s. 22.

CHAPTER V AMENDING, TRANSITIONAL AND FINAL PROVISIONS

ACT RESPECTING THE MINISTÈRE DE LA JUSTICE

57. (Amendment integrated into c. M-19, s. 3).

2005, c. 34, s. 57.

89. Despite sections 2 and 4, the associate deputy minister for public prosecutions at the Ministère de la Justice in office on (insert the date preceding the date of coming into force of this section) becomes the Director of Criminal and Penal Prosecutions and acts as such until 1 January 2008 or, after that date, until a Director is appointed in accordance with this Act.

2005, c. 34, s. 89.

This section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

90. An Attorney General’s prosecutor appointed under section 1 of the Act respecting Attorney General’s prosecutors (chapter S-35) in office on (insert the date preceding the date of coming into force of this section) is deemed to have been appointed a criminal and penal prosecuting attorney under section 25 of this Act.

Not in force

A person authorized under paragraph b.1 of section 4 of the Act respecting the Ministère de la Justice (chapter M-19) is deemed authorized under section 16 of this Act.

Not in force

A person designated under section 9 of the Act respecting Attorney General’s prosecutors is deemed designated under section 28 of this Act.

2005, c. 34, s. 90.

The first paragraph of this section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

95. (Omitted).

2005, c. 34, s. 95.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 34 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 95, effective from the coming into force of chapter D-9.1.1 of the Revised Statutes.