Can a stay of proceedings with Crown counsel as to what witnesses should be called for the prosecution?
Alberta, Canada
The following excerpt is from R. v. Davydov, 1992 CanLII 6262 (AB QB):
At common law the court will not interfere, by way of granting a stay of proceedings, with the discretion of Crown counsel as to what witnesses should be called for the prosecution “unless … it can be shown that the prosecutor has been influenced by some oblique motive”: Lemay v. R., 1951 CanLII 27 (SCC), [1952] 1 S.C.R. 232, 14 C.R. 89, 102 C.C.C. 1 [at pp. 234-235 S.C.R.]. In my view that rule is no different in the context of ss. 7 and 11(d) of the Charter.
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