BILL NO. 172

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Public Prosecutions Act
(amended)

 

Karla MacFarlane
Pictou West

First Reading: October 3, 2019

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill

(a) creates a Human Trafficking Prosecution Team within the Public Prosecution office;

(b) authorizes the Team to conduct human trafficking prosecutions, to provide legal advice to police officers and to deliver enhanced education and training to justice sector employees;

(c) requires the appointment of no fewer than two crown attorneys to the Team;

(d) clarifies that the Team crown attorneys have the same powers, authorities and duties as all crown attorneys and are appointed in the same manner as all crown attorneys subject to the Public Prosecutions Act;

(e) authorizes the appointment of Team employees;

(f) authorizes the Director of Public Prosecutions to enter into agreements related to the work of the Team; and

(g) requires that no money may be spent for implementation unless the Legislature provides money for that purpose.

An Act to Amend Chapter 21
of the Acts of 1990,
the Public Prosecutions Act,
Respecting a Human Trafficking Prosecution Team

Be it enacted by the Governor and Assembly as follows:

1 Chapter 21 of the Acts of 1990, the Public Prosecutions Act, is amended by adding immediately after Section 6B the following Sections:

6C There is hereby established a Human Trafficking Prosecution Team to

(a) conduct human trafficking prosecutions, including appeals;

(b) provide specialized legal advice to police officers in respect of human trafficking prosecutions; and

(c) deliver enhanced education and training to employees of the justice sector regarding human trafficking prosecutions generally.

6D (1) The Governor in Council shall, on recommendation of the Director of Public Prosecution, appoint no fewer than two crown attorneys for the purpose of the Human Trafficking Prosecution Team.

(2) The crown attorneys appointed pursuant to subsection (1) have the powers, authorities and duties set out in Section 11 and are appointed in accordance with Section 12.

(3) The Director of Public Prosecutions may from time to time, assign general prosecution duties to crown attorneys appointed pursuant to subsection (1).

6E Such other employees as necessary for the purpose of the Human Trafficking Prosecution Team may be appointed pursuant to the Civil Service Act.

6F The Director of Public Prosecutions may enter into agreements with an agency, the Government of Canada, the government of another province of Canada or a municipality as required to undertake the work of or related to the Human Trafficking Prosecution Team.

2 The money required for the purpose of this Act must be paid out of the money appropriated for that purpose by the Legislature.

 

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