The Law Society of Alberta sought to discipline a Crown prosecutor for failing to disclose exculpatory DNA evidence to the defence in a timely manner.
The prosecutor argued that his actions were protected by prosecutorial discretion and that the Law Society lacked jurisdiction.
The Supreme Court of Canada held that while core elements of prosecutorial discretion are immune from review absent flagrant impropriety, the duty to disclose relevant evidence is a legal obligation, not a matter of discretion.
Therefore, the Law Society has the jurisdiction to review a prosecutor's conduct to determine if a failure to disclose was done dishonestly or in bad faith, as this constitutes a breach of professional ethics.
