The power to choose under which class a hybrid offence will be tried rests with the crown counsel.
From the en.wikipedia.org
Crown counsel Melissa Gillespie told the court Thursday the government wants to delay Pickton's second trial until appeals resulting from his first trial have been exhausted.
From the upi.com
Morton and Knopff also claim that crown counsel have intentionally lost cases in which the government was taken to court for allegedly violating rights, particularly gay rights and women's rights.