News release

Review of Public Prosecution Service Well Under Way

Review of Public Prosecution Service Well Under Way


Fred Kaufman announced today he has opened a Halifax office, hired a management consultant firm and made his decision on how his review will address the Westray proceedings.

"I've made several trips to Halifax in the past few months," said Mr. Kaufman, "and I've had the opportunity to speak with many people, all of whom have been most gracious and helpful in providing the information necessary to perform the review."

ATi Consulting Corp. has been selected to perform the management audit outlined in the terms of reference provided by Jim Smith, Minister of Justice and Attorney General, when he appointed Mr. Kaufman to the review in July. The Halifax company will focus on the overall operations of the service, including casework management, reporting procedures and expenditure of resources.

"I was impressed with ATi's understanding of the unique position of Nova Scotia's Public Prosecution Service as the only independent prosecution service in Canada," said Mr. Kaufman, a former judge of the Quebec Court of Appeal. "I am confident they will provide solid recommendations on ways to improve the day-to-day operations of the service."

Mr. Kaufman also announced that lawyers Duncan Beveridge and Pat Duncan will be examining the Westray prosecution as part of his review. Craig Garson, who was originally engaged by the prosecution service to conduct an internal review of the Westray prosecution, requested that he be removed from this task. He felt it would be inappropriate to continue in light of Mr. Kaufman's decision to review both the proceedings and the prosecution team's decision to stay criminal charges.

In a letter to Mr. Kaufman, Mr. Garson explained he was originally hired to represent the Crown in appeal proceedings involving Westray and was then asked to conduct an internal review of the prosecution. "My role as an advocate on behalf of the Crown could create an appearance of bias and disqualifies me from participating in an external review," he wrote.

"I respect Mr. Garson's decision and I am very pleased that Mr. Beveridge and Mr. Duncan have agreed to conduct the review of the Westray prosecution," said Mr. Kaufman. "It is clear from my discussions that Nova Scotians need to know what happened in the Westray prosecution and what led to the decision to stay the criminal charges. Mr. Beveridge's and Mr. Duncan's findings will be included in my final report to the Minister which will, of course, be made public."