Please find below an open letter from OCAA President, Donna Kellway, regarding recent attacks on prosecutorial independence and the rule of law:
July 29, 2025
Prosecutorial Independence and the Rule of Law
The independence of Crown prosecutors from political and public pressure is a central tenet of our justice system, and of our free and democratic Canadian society. We are independent. We are apolitical. We are Minsters of Justice. We have a responsibility to act in the public interest and to uphold the rule of law.
Over the past week there have been attacks on various aspects of our criminal justice system by politicians, media and members of the public. The censure has ranged from insults levied against the Crown for its sentencing positions in a highly publicized prosecution, to the shaming of counsel based on their gender in the defence of individuals charged with certain offences. Be they attacks on prosecutorial independence or sexist attacks on principles of fundamental justice, these actions are affronts to the rule of law.
An essential aspect of the rule of law is the independence of our prosecutorial system. The role of a Crown in a trial is not to secure a conviction, but to ensure that a trial is conducted fairly for all those involved. This applies to not only those charged with offences, but to complainants as well. Fair trials are those based on legally admissible evidence and an objective application of the law.
If an individual is found guilty, the Crown then has a responsibility to ensure that a proportional sentence is sought. Sentencing submissions are based on applicable legislation, relevant sentencing principles, the facts of the case and our Constitution. The Crown advances legal arguments to pursue just sanctions in order to protect society and to contribute to respect for the law.
The opinions of politicians and others expressed in social media do not dictate the actions of our Crown prosecutors.
A prosecutor’s job entails seeking a legally available sentence that responds to the objective seriousness of the offence and the moral blameworthiness of the offender. Consideration of the vast number of people directly and indirectly impacted by an offence is a proper consideration. Sentencing frameworks, including minimum and maximum sentences, are determined by our duly elected representatives. Personal attacks on Crowns seeking a significant sentence are nothing less than attacks on prosecutorial independence. These attacks do not – nor will they ever – drive the decisions made by our prosecutors.
A lawyer’s gender plays no role in determining one’s eligibility to participate in either the lawful prosecution or the vigorous defence of any charge in our criminal justice system. To suggest otherwise is to undermine the very principles upon which the rule of law is based. Such attacks show a fundamental lack of understanding of our foundational constitutional principles, including the presumption of innocence, the right to a fair trial and equality.
For months now, we have seen horrifying daily attacks on the prosecutorial independence of our southern neighbours. Lawyers across our own province and across Canada have recently been publicly reaffirming their commitment to the rule of law. As a representative of Ontario’s Assistant Crown Attorneys, I stand with my members to pledge to do everything within our power to safeguard our independence as a foundational principle of the rule of law.
President