Service to Undergo Performance Review

Justice Minister Jim Smith has announced that there will be a review of Nova Scotia's Public Prosecution Service.

Established in 1990 in response to the Marshall Inquiry, Canada's only independent prosecution service has proven successful in eliminating political interference in the criminal justice system.

"This review will determine how an independent prosecution service can still be publicly accountable" said Dr. Smith. "While the Marshall Commission and Ghiz/Archibald reports provide a good description of the concepts, the mechanisms for achieving this balance in practice have not been defined or established. This has endangered public faith in the Public Prosecution Service."

Since 1994, the government has responded to many of the recommendations of the Ghiz/ Archibald Report, improving staffing levels, office space and computer access in addition to recently addressing the issue of wages for Crown Attorneys.

The Government has increased funding to the Public Prosecution Service by 22% since 1994 and new statistics place Nova Scotia second only to British Columbia in per capita spending on criminal prosecutions.

"There has been significant improvement over the last four years" said Dr. Smith "Nova Scotia has more crown attorneys per capita than any other province, with the exception of British Columbia, yet there are still problems with the Service. Nova Scotians have invested a great deal into the Public Prosecution Service and they deserve to know how that investment was spent."

"Independence must not come without accountability. The Service must be accountable for the prosecutions carried out, the procedures followed and the effectiveness of its day-to-day operations."

The review will focus on the Public Prosecution Service as a whole - how it operates and how it serves the public interest. While it will include the review of high-profile cases, such as Westray, it will not be a re-examination of the Westray proceedings.

"We must focus on public accountability and the performance of the Public Prosecution Service," said Dr. Smith, "if we limit our focus to one or two high-profile cases, we will lose sight of what is important - ensuring that the justice system works for all Nova Scotians."

The review will consist of: an extensive review of the operational independence of the PPS and its public accountability; and a performance evaluation that will examine the operations of the service in terms of management practices, operational procedures, budgeting and expenditure of resources.

The Honourable Fred Kaufman, C.M., Q.C., sole Commissioner on the Proceedings Involving Guy Paul Morin, has agreed to conduct the review. Mr. Kaufman, a former Judge of the Quebec Court of Appeal, has extensive experience in Criminal Law, Arbitration and Alternate Dispute Resolution.

"I am pleased that Mr. Kaufman has agreed to conduct the review. He is an esteemed professional and will bring a wealth of objective experience to this process." said Dr. Smith.

The performance evaluation will be tendered as per Government policy. A request for proposals is currently being drafted.

"We've come a long way since 1990" said Dr. Smith, "this review will help us move forward, continue to improve the Service, and build public faith in the justice system."

The report is expected to be completed by the end of November.

ngr July 10, 1998