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British Columbia (Attorney General) v. Davies

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The Criminal Justice Branch (CJB) of the Ministry of Attorney General brought a legal challenge to the ability of the Frank Paul Inquiry to obtain evidence from prosecutors involved in the Frank Paul case. The BCCLA was a participant at the inquiry, and also appeared in the case before the BC Supreme Court and BC Court of Appeal.

We argued that it is crucial that the Commissioner be allowed to fully inquire into the decisions not to lay charges against the officers involved in Mr. Paul’s death so that the public can be assured that prosecutors examine every police related death fairly and impartially. In cases where prosecutors are called upon to investigate and lay charges in matters involving police officers, there is a significant potential for real or perceived improper influence in the administration of public justice. The BC Court of Appeal held that the CJB must provide evidence in the Frank Paul inquiry. The CJB sought leave to appeal to the Supreme Court of Canada but leave was denied.

The BCCLA was represented by Michael Tammen of Harper Grey LLP and Grace Pastine, BCCLA Litigation Director.