Discretion guidelines

For reference

Discretion guidelines training guide

Summary sheet: Discretion Guidelines

Discretion guidelines for specific areas of the law

Criminal Law

	Approved discretion guidelines
Results obtained	All charges withdrawn as a result of lawyer’s actions Discharge of all charges at preliminary hearing as a result of lawyer’s actions Acquittal of all charges at trial as a result of lawyer’s actions Sentence significantly reduced as a result of lawyer’s actions Material contribution to an outcome that is precedent-setting and that affects the administration of justice in favour of the defendant
Complexity of the matter	Novel legal issue – e.g., attempt at aggravated assault by HIV transmission – or unusual factual situation Rare motion – e.g., third-party records, recusal motion, mistrial Forensic/expert evidence Client’s special needs – e.g., mental illness (unique proceedings) Characteristics of witness – e.g., child witness (testimonial capacity)
Other relevant factors	Defence facing exceptional Crown/prosecutorial resources Disclosure Extended sentencing hearing Timeliness/reduction in appearances, i.e., Justice on Target criteria High-profile case

Family Law (Support, Custody, Access)

	Approved discretion guidelines
Results obtained	Motion for interim spousal support – award at high end of spousal support guidelines Motion for interim child support – retroactive to date of application; support ordered where other party stands in loco parentis Access, custody – custodian successful in obtaining relocation and/or change in de facto custody due to parental alienation Change in interim custody Contested no access ruling
Complexity of the matter	Client’s special needs – e.g., mental health Self-employed, imputing income Sexual or serious physical abuse allegations – e.g., criminal charges Hague Convention matters
Other relevant factors	Disclosure Forensic/expert evidence Multiple children/ parents/parties Well-funded litigant Timeliness/reduction in appearances through mediated/negotiated settlement

Family Law (Child, Youth and Family Service Act – CYFSA)

	Approved discretion guidelines
Results obtained	Protection application – child deemed not in need of protection Motion – care and custody – child deemed not in need of protection Motion – summary judgment on extended society care application – successfully defended and/or costs awarded Status review – resolution from extended society care to supervision order
Complexity of the matter	Child or parent special needs – e.g., mental illness, addiction Sexual or serious physical abuse allegations – e.g., criminal charges Aboriginal factors, band issues
Other relevant factors	Disclosure Forensic/expert evidence Multiple children/ parents/parties Well-funded litigant Timeliness/reduction in appearances through mediated/negotiated settlement

Refugee Law

	Approved discretion guidelines
Results obtained	Successful refugee claim – Immigration and Refugee Board success rate of 20 per cent or less
Complexity of the matter	Novel claims – e.g., transgender Exclusion Multiple countries of citizenship Ministerial Intervention
Other relevant factors	Minor Domestic violence Mental illness Illiteracy Expert witness