Section 1 definition of "Branch" BEFORE amended by BC Reg 27/2013 under RS1996-238-11, effective January 30, 2013 (BC Reg 27/2013).
"Branch" means the Criminal Justice Branch of the Ministry of Attorney General;
Section 1 definition of "Branch" BEFORE amended by BC Reg 99/2018 under RS1996-238-11, effective May 18, 2018 (BC Reg 99/2018).
"Branch" means the Criminal Justice Branch of the Ministry of Justice;
Section 4 (3) (a) BEFORE amended by 2023-10-159, effective March 30, 2023 (Royal Assent).
(a) examine all relevant information and documents and, following the examination, to approve for prosecution any offence or offences that he or she considers appropriate,
Section 4.1 (1) definition of "employer" BEFORE amended by 2003-88-16, effective December 1, 2003 (BC Reg 443/2003).
"employer" means the government represented by the Public Service Employee Relations Commission.
Section 4.1 (1) definition of "BCCCA" BEFORE amended by 2015-18-301, effective November 28, 2016 (BC Reg 216/2015).
"BCCCA" means the British Columbia Crown Counsel Association, a society incorporated under the Society Act;
Section 7 (1) BEFORE amended by BC Reg 27/2013, effective January 30, 2013.
(1) If the ADAG considers it is in the public interest, he or she may appoint a lawyer, who is not employed in the Ministry of Attorney General, as a special prosecutor.
Section 7 (1) BEFORE amended by BC Reg 191/2018 under RS1996-238-11, effective October 1, 2018 (BC Reg 191/2018).
(1) If the ADAG considers it is in the public interest, he or she may appoint a lawyer, who is not employed in the Ministry of Justice, as a special prosecutor.
Section 7 (1), (2) and (5) BEFORE amended by 2023-10-160, effective March 30, 2023 (Royal Assent).
(1) If the ADAG considers it is in the public interest, he or she may appoint a lawyer, who is not employed in the Ministry of Attorney General, as a special prosecutor.
(2) A special prosecutor must carry out his or her mandate, as set out in writing by the ADAG, and in particular must
(a) examine all relevant information and documents and report to the ADAG with respect to the approval and conduct of any specific prosecution, and
(b) carry out any other responsibilities respecting the initiation and conduct of a specific prosecution.
(5) Subject to the mandate given to the special prosecutor by the ADAG or to a directive referred to in subsection (4), the decision of a special prosecutor with respect to any matter within his or her mandate is final, but a decision not to approve a prosecution may be appealed by a law enforcement officer under the process established by section 4 (4).