In Canada, the decision to lay or proceed with criminal charges is generally made by police and Crown prosecutors. That said, a private citizen can start what’s called a private prosecution. If a Justice of the Peace finds there’s enough evidence, they may hold a pre-enquête hearing to decide whether to issue a summons or warrant.
Even without a victim’s support, police may still lay charges based on the available evidence, especially in cases like domestic violence. Once charges are laid—whether by police or through a private prosecution—the Crown decides whether the case moves forward or is withdrawn.
What If the Victim Doesn’t Want Charges?
If a victim tells police or prosecutors that they don’t want the accused to be charged or punished, the case doesn’t necessarily stop there. Police can still lay charges if they believe an offence has occurred. In some situations, such as domestic or intimate partner violence, police are often required by policy to lay charges even if the victim objects. This approach aims to reduce the risk of further harm and ensure that decisions aren’t influenced by pressure, fear, or intimidation.
After charges are laid, the Crown reviews the case to decide whether to continue. This involves looking at how strong the evidence is—such as witness statements, photos, or 911 calls—and whether it’s in the public interest to proceed. Even if the victim refuses to testify, takes back their statement, or says they don’t want the accused to be punished, the Crown may continue with the case if other evidence supports a conviction. If not, they may withdraw the charges.
If the Crown needs the victim’s testimony and the victim doesn’t want to participate, the Crown can issue a subpoena. That means the victim must appear in court. Refusing to attend could result in being found in contempt of court. This step is more likely when the case relies heavily on the victim’s account.
Can Charges Be Dropped?
Only the Crown can withdraw or stay criminal charges. However, the victim’s stance and cooperation may affect how the case unfolds.
1. Expressing Their Wishes
Victims can let the Crown know they don’t want the case to go forward. While prosecutors are not required to act on this request, they may take it into consideration, especially when deciding whether there is enough evidence and whether continuing serves the public interest.
2. Recanting or Changing Their Statement
If a victim takes back or changes their earlier statement, this may weaken the case—particularly when no other strong evidence exists. It can also raise issues about credibility or even lead to legal consequences if the original statement was knowingly false.
3. Refusing to Testify
Victims who don’t want to testify can still be compelled to attend court. If the Crown serves a subpoena, the victim must appear. Failing to do so could result in contempt proceedings. If a key witness is unwilling and their testimony is essential, the Crown may decide not to proceed.
4. Alternative Resolutions
For less serious or non-violent offences, the Crown may consider other options. These include diversion programs, restorative justice, or peace bonds. These paths can resolve the matter without going to trial, particularly where the victim prefers not to continue with a formal prosecution.
Summary
· Police or Crown prosecutors can go ahead with charges even if the victim objects.
· Victims who refuse to testify can be subpoenaed and required to attend court.
· Only the Crown has the power to withdraw or stay charges, based on the evidence and whether the case should continue in the public interest.
· A victim’s level of cooperation can influence whether the prosecution moves forward, especially when their testimony is crucial to the case.
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