Directive 3

Directive under subsection 10(2) of the Director of Public Prosecutions Act

Whereas terrorist activities pose a threat to the safety and security of Canadians and Canadian society;

Whereas the Anti-Terrorism Act, 2015 strengthening the legal regime to combat terrorism has come into force;

Whereas federal jurisdiction in respect of terrorism proceedings under the Criminal Code is concurrent with that of the provinces;

Whereas the mandate of the Director of Public Prosecutions includes providing advice to investigative agencies during investigations where requested and initiating and conducting prosecutions within federal jurisdiction;

Whereas the Attorney General’s consent is required under the Criminal Code to apply for a terrorism peace bond or recognizance with conditions and to initiate a terrorism prosecution;

Whereas the Director of Public Prosecutions and the Deputy Directors of Public Prosecutions have the power to consent on my behalf under the Criminal Code;

Whereas it is generally in the public interest to proceed with the prosecution of a terrorism case where there is a reasonable prospect of conviction on the evidence;

Whereas I have consulted with the Director of Public Prosecutions under subsection 10(2) of the Director of Public Prosecutions Act;

  1. I hereby direct the Director of Public Prosecutions as follows:
    1. The Director shall ensure that terrorism cases are identified and assigned at the earliest opportunity.
    2. The Director shall ensure that the Public Prosecution Service of Canada engages in ongoing communications with investigative agencies regarding their operational priorities in respect of terrorism investigations.
    3. The Director shall ensure that the Public Prosecution Service of Canada provides investigative agencies conducting terrorism investigations with timely legal advice and, where appropriate, timely consent for applications for recognizances with conditions and terrorism peace bonds and for the initiation of prosecutions.
    4. The Director shall ensure that provincial prosecution services are notified of terrorism cases within their respective territory and shall coordinate the efforts of the Public Prosecution Service of Canada with those of the provincial prosecution services as appropriate.

Signed at Ottawa, this 18th day of
June, 2015.

 

 

____________________________
The Honourable Peter MacKay
Attorney General of Canada

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