Does a judge have the power to stay a criminal proceeding if the prosecution is oppressive?
New Brunswick, Canada
The following excerpt is from Forest Protection Ltd. v. Guerin, 1979 CanLII 2758 (NB QB):
The learned Judge of first instance rejected this submission on the authority of Rourke v. The Queen (1977), 1977 CanLII 191 (SCC), 76 D.L.R. (3d) 193 at p. 209, 35 C.C.C. (2d) 129 at p. 145, [1978] 1 S.C.R. 1021, 16 N.R. 181, wherein Mr. Justice Pigeon stated: ... I cannot admit of any general discretionary power in Courts of criminal jurisdiction to stay proceedings regularly instituted because the prosecution is considered oppressive.
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