Morrison Appeal to Proceed

Justice Minister and Attorney General Jim Smith announced today that he is allowing the independent Public Prosecution Service to appeal the dismissal of a first-degree murder charge against Dr. Nancy Morrison.

"The Public Prosecutions Act was created to prevent political interference in the prosecution of offences," said Dr. Smith. "The independence of the Public Prosecution Service must be respected. Never again can our criminal justice system become victim to political interference."

The legislation establishing the Public Prosecution Service allows the attorney general to overrule a decision under special circumstances.

Dr. Smith said he agreed to examine Dr. Morrison's case because of its sensitivity and the outpouring of public reaction, in the form of deeply moving letters and telephone calls from people across Nova Scotia and beyond. But he said there is a clear distinction between public opinion and public interest.

"No matter how unpopular or controversial a decision may be, the role of the Attorney General is to avoid the temptation to let public opinion govern legal decisions," said Dr. Smith. "No matter how influential public opinion may be in the political decision-making process, it cannot govern matters of public interest."

In reaching his decision, Dr. Smith consulted with experts in criminal law and medical ethics, who were of great assistance.

The legal expert was Bruce Archibald, a criminal law professor at Dalhousie University law school and co-author of the Ghiz-Archibald Report into the public prosecution service. The medical ethics expert was Dr. Nuala Kenny, director of bioethics education and research at Dalhousie University.

Dr. Smith said the case illustrates the need for quality palliative care, greater support for the dying, their families and the physicians caring for them and clearer guidelines under the Criminal Code to govern prosecution in end-of-life cases.

He said he will be contacting federal Justice Minister Anne McLellan and provincial justice and health ministers on the matter. Nova Scotia will also be examining end-of-life guidelines in other jurisdictions to determine if they can be adapted for use in the province.

Note: The following is intended for use by broadcast media.

Justice Minister and Attorney General Jim Smith is allowing

the appeal of the dismissal of a first-degree murder charge

against Dr. Nancy Morrison to go ahead.

Dr. Smith says the independence of the Public Prosecution

Service must be respected and the criminal justice system can

never again become victim to political interference.

The legislation establishing the service allows the Attorney

General to overrule a decision under special circumstances.

Dr. Smith says the role of the Attorney General is to avoid

the temptation to let public opinion govern legal decisions.