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Homework answers / question archive / You are the Minister of Justice and Attorney-General of Canada
You are the Minister of Justice and Attorney-General of Canada.
Seaworthy Enterprises is a privately owned subsidiary of NB Power, the largest employer in New Brunswick. NB Power also owns and operates the processing and distribution chain of fisheries' products in the province, providing nearly one quarter of all fisheries products in Canada.
Seaworthy Enterprises was charged pursuant to the Fisheries Act for illegally catching, buying and selling over 95,000 lbs of fish. They are facing significant fines if convicted, fines that will make the company unviable.
The fish stock in New Brunswick is a carefully regulated and nationally important fish stock. It is vital to the province's economy.
Seaworthy has a minor history of contravening the Fisheries Act but has always maintained that it exercises due diligence to prevent a contravention of the Act. In one incident, the company terminated the senior management people who were responsible for the contravention.
It is your understanding from the company's press releases after the charge was laid that if this prosecution goes forward, the company will shut down, leaving thousands of people unemployed in the province's fishing industry.
The Minister of Fisheries and Oceans has expressed to you that any prosecution will lead to devastating job losses in the province and a serious interruption of the food supply chain. A majority of your Cabinet colleagues agree with the Minister of Fisheries and Oceans as they are concerned that the matter might be heard by a "law and order" judge who would not understand the impact of the decision on the economy of New Brunswick and the food supply chain.
As Attorney-General, you are considering your options and have contacted the Crown prosecutor who has not returned your phone call. You have the authority to issue a directive to the Director of Public Prosecutions in writing as long as you publish a notice in the Canada Gazette explaining your reason for doing so.
What do you do? Explain your answer in the context of the roles and responsibilities of the three branches of government and the role of Crown Prosecutors.
Make sure to:
1. Apply the hierarchy of public law rules
2. compare the roles and responsibilities of the executive, legislative and judicial branches of government
3. Evaluate the interaction between the three branches of government and the appropriate institutional relationships between them
*CANADIAN LAW ONLY*
As Minister of Justice and Attorney-General of Canada, I would issue a directive to the Director of Public Prosecutions in writing, explaining my reason for doing so.
I would do this because I am responsible for the administration of justice in Canada, and I believe that it is my duty to consider the impact of a prosecution on the economy of New Brunswick and the food supply chain. I would also be mindful of the principle of prosecutorial discretion, which allows Crown prosecutors to decide whether or not to prosecute an offence, taking into account all of the relevant factors. In this case, I believe that the potential consequences of a prosecution are such that a directive to the Director of Public Prosecutions is warranted.
The executive branch of government is responsible for making decisions about the administration of justice, and in this case, I have decided that a prosecution should not go forward. The legislative branch of government is responsible for making laws, and in this case, the Fisheries Act allows for the prosecution of companies that violate its provisions. The judicial branch of government is responsible for interpreting and applying the law, and in this case, a judge would have to decide whether or not to convict Seaworthy Enterprises.
The appropriate institutional relationship between the executive and judicial branches of government is one of cooperation. The executive branch cannot tell the judicial branch what to do, but it can make decisions about the administration of justice that are in the best interests of the public. The appropriate institutional relationship between the executive and legislative branches of government is one of cooperation and consultation. The executive branch cannot tell the legislative branch what to do, but it can make decisions about the administration of justice and provide information to the legislature so that it can make informed decisions about the law.
The appropriate institutional relationship between the executive and legislative branches of government is one of cooperation and consultation. The executive branch cannot tell the legislative branch what to do, but it can make decisions about the administration of justice and provide information to the legislature so that it can make informed decisions about the law. In this case, I would provide information to the legislature about the potential consequences of a prosecution, so that it can make an informed decision about whether or not to amend the Fisheries Act.
Step-by-step explanation
Reference
Coughlan, S. (2013). Canadian law dictionary.
