A withdrawal of charges is separate and distinct from a stay of proceedings. The option to withdraw charges is not authorized anywhere in the Criminal Code. Rather, it is a matter of the Crown’s discretion. The Crown may choose to withdraw charges, for example, if there is no reasonable likelihood of conviction based on the evidence, or if the prosecution does not serve the public interest.

When can a withdrawal of charges happen?

A withdrawal of charges can occur at any stage of the proceedings after an information is sworn by a Justice, even after an accused has entered a plea, with the allowance of the court. Once charges are withdrawn, the prosecution is terminated. All processes and orders associated with it such as detention orders or warrants, are also terminated.

Courts may only interfere with the decision to withdraw charges in very limited circumstances. This includes where the withdrawal constitutes an abuse of process due to the inappropriate strategic use of a withdrawal.

Generally, in the absence of an abuse of process, the Crown is free to lay a new information at any time and begin a prosecution again, even after a withdrawal has taken place. Although uncommon, this may occur when new information is discovered to support prosecuting an individual after a withdrawal has already occurred.

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