Co-counsel for the Respondent, the Commissioner of the Public Inquiry into the Death of Frank Paul. The Inquiry proposed to explore decisions by Crown counsel not to lay charges in connection with the death of Mr. Paul. The Criminal Justice Branch, Ministry of Attorney General sought an order of prohibition from the BC Supreme Court, arguing that such inquiries would violate the constitutional principle of prosecutorial independence and solicitor-client privilege. The Supreme Court refused to grant the order of prohibition and the Attorney General appealed. The appeal was dismissed, the Court concluding that the establishment by the Lieutenant Governor in Council of an Inquiry with the mandate to look into the exercise of prosecutorial discretion did not violate the principle of prosecutorial independence. Further, no solicitor-client relationship exists in the charge approval process.
B.C. (Attorney General) v. Davies, 2008 BCSC 817