Does the Queen have a discretionary power to stay proceedings in a criminal case for abuse of process?
Saskatchewan, Canada
The following excerpt is from Keyowski v. R., 1986 CanLII 3564 (SK QB):
Dickson C.J.C. stated at pp. 654-55: Before considering whether a stay of proceedings is a judgment or verdict of acquittal or tantamount thereto, it is necessary to determine whether, at common law, a discretionary power to stay proceedings in a criminal case for abuse of process exists, in the words of Laskin C.J.C. in Rourke v. The Queen . . . as a means of “controlling prosecution behaviour which operates prejudicially to accused persons”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court have jurisdiction to set aside a proceeding as an abuse of process? (Saskatchewan, Canada)
What is the difference between criminal contempt and civil contempt proceedings? (Saskatchewan, Canada)
Is contempt of an order registered under s. 13 of the Criminal Code of Canada a criminal or civil matter? (Saskatchewan, Canada)
What is the principle of common law use in determining whether a person can be found guilty of a criminal offence under the Criminal Code? (Saskatchewan, Canada)
When is a variation proceeding not a corollary relief proceeding? (Saskatchewan, Canada)
What is the test for frivolous, vexatious or abuse of process? (Saskatchewan, Canada)
Is a non-profit organization vicariously liable for the sexual abuse of a child in its care? (Saskatchewan, Canada)
Does this court have power to relieve against against such a situation? (Saskatchewan, Canada)
Can a municipal council agree not to exercise its statutory powers? (Saskatchewan, Canada)
What is the test for dismissing an appeal under s. 613(1) (b)(iii) of the Criminal Code of Canada for the error of a judge at the Court of Appeal? (Saskatchewan, Canada)
