NEW PROSECUTOR'S OFFICE TO TRIM POWER OF JUSTICE

Independent System Will Combat Discretion In Department: Tories

In a move to reduce the prospect of political taint in criminal cases,
Stephen Harper's Conservative government plans to appoint a new
independent public prosecutor and strip the federal Justice Department
of its long-standing authority.

The Office of the Director of Public Prosecutions would dilute the
discretion of the attorney general to influence criminal probes and
charges.

"We're hoping to establish a level of independence," declared Treasury
Board President John Baird, who oversees accountability.

The new director would also have jurisdiction over a proposed new
federal fraud offence that could mean prison terms of up to 14 years
for public servants and employees of Crown corporations who misuse
taxpayers' money.

The new offence, which carries the same penalty as the existing crime
of fraud, is being added to give power to the director to supervise
charges involving abuse of federal money.

Fraud charges -- such as those laid in the federal sponsorship scandal
- -- are currently prosecuted provincially because provincial
governments are responsible for administering the Criminal Code.

The new office would be modelled on public prosecutions offices that
exist in several countries, including England, Australia and Nova Scotia.

Aside from the new offence, to be contained in the Financial
Administration Act, the federal prosecutions director would have
authority over some drug charges and crimes involving federal statues,
such as bankruptcy, immigration and elections.

Mr. Baird said about 50 laws are currently prosecuted at the federal
level.

Under the current system, police investigate crimes and lay charges,
but often consult with federal and provincial Crowns on how to
proceed, leaving the process vulnerable to interference from political
bosses.

As a result of the potential conflict of interest, in which the chief
prosecutor is also a politician who sits at the cabinet table, there
have been calls over the years to establish an independent prosecution
service.

The Conservatives' proposed legislation, however, does not eliminate
the ultimate power of the attorney general, who retains political
discretion to override decisions by the director on whether to prosecute.

In Canada, attorneys general traditionally shy away from involvement
in criminal investigations to avoid political controversy, but there
are no built-in safeguards, experts say.

Under the Conservative proposal, at least 800 lawyers who work in the
Justice Department would be transferred to the new independent office,
said a government official. The prospect would cost the government
millions of dollars.

The director of public prosecutions would be appointed by the justice
minister, based on advice from a committee that would include
opposition MPs.