Does the Attorney General have the power to withdraw a charge?

In Regina v. Leonard Kirby J. dealt with the effect of s. 508 of the Code (then s. 490), which, in the case of a charge of an indictable offence, authorizes the Attorney General to stay a prosecution “after an indictment has been found”. In that case no indictment had been found and the learned trial judge held that a stay could not be entered but that by common law the right existed in the Attorney General to withdraw the prosecution. Kirby J. found a difference between “withdrawing” a charge and “staying” an action.

In the appeal of Regina v. Leonard, Smith C.J.A. stated [at p. 348]: “In the case at bar, while the attorney-general originally refused to intervene, he did intervene on December 13, 1961, and apply to have the information withdrawn and has thereby become the prosecutor. For the reasons I have set forth I am of the view that the attorney-general, when he intervened, was entitled in his discretion to enter a stay of proceedings.” (The italics are mine.)