Federal Involvement in the Case of Ernest Fenwick MacIntosh

Federal and Provincial Roles

The Federal and Provincial Roles in the MacIntosh Case

Under Canada’s Constitution, federal and provincial governments are responsible for different aspects of the criminal justice system. In general, Parliament is responsible for enacting criminal laws and for criminal procedure, while the provinces are responsible for the administration of criminal justice. This means that provincial attorneys general are in charge of prosecuting Criminal Code offences in each province. Crown prosecutors act on behalf of provincial attorneys general and are supported by municipal and provincial police.

In the MacIntosh case, the RCMP acted as the provincial police force for Nova Scotia and was responsible for investigating and laying charges. The Nova Scotia Public Prosecution Service was responsible for prosecuting Mr. MacIntosh.

Provincial authorities in Nova Scotia have already acknowledged their significant role in these events. On July 10, 2013, the Nova Scotia Director of Public Prosecutions released his report to the Attorney General of Nova Scotia. The same day, at the request of the Attorney General of Nova Scotia, the RCMP publicly released its report concerning its own investigation of the allegations against Mr. MacIntosh. These reports acknowledge shortcomings and identify measures that they have already taken or will be taking in response to the MacIntosh case. The provincial Minister of Justice issued an apology to the victims.

This report deals with the federal role in:

  • coordinating the extradition request to India,
  • issuing and attempting to revoke Mr. MacIntosh’s passport, and
  • controlling his alleged entry into Canada from abroad.
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