What is the jurisdiction of the court to stay proceedings for abuse of process?
Alberta, Canada
The following excerpt is from R. v. Cameron, 1985 CanLII 1236 (AB QB):
I first wish to review the decisions dealing with the jurisdiction of the court to stay proceedings for an abuse of process in circumstances where prejudicial delay and an ulterior motive have been shown. In Rourke v. R., Pigeon J., giving judgment for the majority of the court, stated at pp. 504-505: I cannot find any rule in our criminal law that prosecutions must be instituted promptly and ought not to be permitted to be proceeded with if a delay in instituting them may have caused prejudice to the accused. In fact, no authority was cited to establish the existence of such a principle, which is at variance with the rule that criminal offences generally are not subject to prescription except in the case of specific offences for which a prescription time has been established by statute.
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