The applicant’s submission on this point is misguided. The Attorney General’s decision as to whether to bring a prosecution is undeniably an exercise of prosecutorial discretion: Krieger, above, at paragraphs. 46-47. Any attempt to distinguish this case because the issue is one of consent to prosecution “merely raises a distinction without a difference”: Winn v. Canada (Attorney General), [1994] F.C.J. No. 1280 (T.D.)(QL) at paragraph 37.
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