BC Prosecution Service

The BC Prosecution Service (BCPS) promotes public safety, justice, and respect for the rule of law by making principled charge assessment decisions and conducting fair and effective prosecutions and appeals.

In making prosecutorial decisions, the BCPS acts independently of police and government.

In addition, under the Crown Counsel Act, the BCPS:

• develops policies and procedures on the administration of criminal justice
• provides criminal law advice to government
• liaises with the media and the public on prosecution matters
• prepares victims for court and provides appropriate information about prosecutions and the criminal justice system
• carries out any other function or responsibility assigned to it by the Attorney General

Crown Counsel conduct prosecutions and appeals in every level of court: the Provincial Court of British Columbia, the British Columbia Supreme Court, the British Columbia Court of Appeal, and the Supreme Court of Canada. When doing so, they are bound by the legal principles contained in the Criminal Code, as interpreted and applied by the courts of British Columbia and the Supreme Court of Canada. Crown Counsel’s decision making must also be informed by and consistent with the constitutional rights guaranteed under the Canadian Charter of Rights and Freedoms.

The BCPS has approximately 500 Crown Counsel and 410 professional staff and managers located in communities across the province. There are five regions which conduct most prosecution functions at the local level: the Northern, Interior, Fraser, Vancouver, and Vancouver Island-Powell River Regions. The Criminal Appeals and Special Prosecutions (CASP) section, which has a province-wide mandate, has offices in Vancouver and Victoria. Headquarters personnel are located in Victoria and Vancouver.

To learn more about the BC Prosecution Service, our strategic plan, annual report, policies, information sheets, and other resources are available on this website. You can also follow the BC Prosecution Service on Twitter @bcprosecution.

Criminal justice process

Prosecutions are conducted by the BCPS as one part of the overall criminal justice system that includes four (4) main phases:

• Investigation
• Charge assessment
• Prosecution
• Appeals

Investigation

Police and other investigative agencies investigate possible offences. If they conclude charges are warranted, they will submit a Report to Crown Counsel (RCC) to the BC Prosecution Service for charge assessment. Crown Counsel do not conduct investigations.

As mandated by the Crown Counsel Act, Crown Counsel make prosecutorial decisions independent of any outside influence.

Charge Assessment

When Crown Counsel receive an RCC, they assess whether charges should be approved in accordance with the BCPS’s charge assessment standard. In discharging the charge assessment function, Crown Counsel must independently, objectively, and fairly measure all the available evidence against a two-part test:

1. whether there is a substantial likelihood of conviction; and, if so,
2. whether the public interest requires a prosecution.

This two-part test continues to apply throughout the prosecution. 

Prosecution

If charges are approved an information is sworn at the court registry which sets out the charges against the accused and Crown Counsel conduct the prosecution. Throughout the course of a prosecution, Crown Counsel have an ongoing obligation to assess its viability and ensure that it continues to meet the BCPS charge assessment standard. If the charge assessment standard is no longer met, Crown Counsel must end the prosecution, usually by directing a stay of proceedings. 

Charges may be stayed to facilitate a resolution of charges on the same or another file involving the same accused. Stays of proceedings in those cases still involve some other form of consequence for the accused, such as a peace bond, referral to an alternative measures program, or guilty plea to a different charge or a charge on a different file. 

When an accused pleads guilty or is found guilty after a trial, a judge will impose a sentence that is appropriate to the circumstances of the offender in light of the degree of seriousness of the charge and in keeping with similar sentences for similar offenders and offences.

Appeals

The decision of the judge or jury is final, however, that decision might be appealed. An appeal is a formal request for a review of the decision on the basis that an error was made in some important aspect of the prosecution. The Crown or the accused can appeal a conviction, acquittal, or sentence.

Independence of Crown Counsel

• Role of the Attorney General as Chief Law Officer
• Role of Crown Counsel
• Role of Special Prosecutors

Media Statements

December 12, 2025

BC Prosecution Service announces no charges following motor vehicle incident
involving Nakusp RCMP officer
Victoria – The BC Prosecution Service (BCPS) announced today that no charges have been
approved against a Nakusp RCMP officer involved in a motor vehicle incident on November 25,
2024. The police officer was following a stolen vehicle, with both its lights and siren activated,
when the suspect driver lost control and crashed into a ditch. The suspect driver was fatally
injured in the accident.

December 8, 2025

BC Prosecution Service announces no charges following fatal motor vehicle accident near Castlegar
Victoria – The BC Prosecution Service (BCPS) announced today that no charges have been
approved following a fatal collision between an SUV and a snowplow on Highway 3 near
Castlegar on December 7, 2024.