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Fewer than 10 percent of the criminal cases brought by the federal government each year are actually tried before juries with all of the accompanying procedural safeguards Ultimately, however, the decision is to be made having regard to the consideration referred to below.
The initial consideration in the exercise of this discretion is whether the evidence is sufficient to justify the institution or continuation of a prosecution (s 310(4) of the Criminal Code). A prosecution should not be instituted or continued unless there is admissible, substantial and reliable evidence that a criminal offence known to the law has been committed by an identifiable person...
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