Who decides to lay criminal charges in Quebec?
Short answer
In Quebec, it is a criminal and penal prosecuting attorney with the Directeur des poursuites criminelles et pénales (DPCP, Quebec's prosecution service) who decides whether or not to lay charges, after reviewing the police investigation report. It is neither the police nor the victim.
In detail
The process happens in two stages. Police take the complaint, carry out the investigation and send their report to the Directeur des poursuites criminelles et pénales (DPCP, Quebec's prosecution service). The prosecutor then reviews the evidence and decides whether to lay charges.
A prosecutor can only lay charges if satisfied that the evidence would allow a reasonable judge or jury, properly instructed on the law, to find guilt. The prosecutor must also assess whether a prosecution serves the public interest.
This separation is deliberate: it keeps the decision to prosecute from resting on the person who ran the investigation, or on what one party wants. The prosecutor represents the public interest, not the victim — even though the prosecutor has to take the victim's situation into account and keep them informed.
What to document
Keep the police event number you were given when you made the complaint, the name of the investigator, the dates of every follow-up and the name of the assigned prosecutor if there is one. Note every call and what you were told, with the date.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- The judicial process in criminal cases for adults — Gouvernement du Québec
- Directeur des poursuites criminelles et pénales (DPCP)
Related questions
- Can the victim withdraw the complaint?
- How long does the police have to lay charges against me?
- What is the first appearance and what happens there?
- What is disclosure of the evidence and how do I get it?
- How long can a criminal case last before it is too long?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.