What’s the difference between having charges withdrawn or stayed? The decision by the Crown to stay or withdraw charges means they discontinue the prosecution. In both situations, once your charges are withdrawn or stayed by the Crown, you don’t have to go back to court. However, there is one important difference. Stayed charges can be “brought back to life” within one year of the day they are stayed. While this tends to be rare, you should know that if you’re charged with new offences during the one year period after you’ve had charges stayed. Certain courts have jurisdiction to stay criminal proceedings under s. 24(1) where putting a person on trial would amount to an "abuse of process" and violate the "principles of fundamental justice" under s. 7.[1] The principle of abuse of process arises from the common law.[2] It is now superseded by the Charter.[3] A Stay of Proceedings is the most drastic of remedies available to a court. As the Supreme Court of Canada stated: Charges that are stayed may never be prosecuted; an alleged victim will never get his or her day in-Court; society will never have the matter resolved by a trier of fact. For these reasons, a stay is reserved for only those cases of abuse where a very high threshold is met: "the threshold for obtaining a stay of proceedings remains, under the Charter as under the common law doctrine of abuse of process, the 'clearest of cases'[4] A stay of proceedings is considered the “ultimate remedy” that is absolutely final, preventing the court from ever adjudicating the matter.[5] Consequently, there is a high threshold on a stay of proceedings. It is only permissible in the “clearest of cases”.[6] A clearest of case is one in which the integrity of the justice system is implicated.[7].

What’s the difference between having charges withdrawn or stayed?

The decision by the Crown to stay or withdraw charges means they discontinue the prosecution. In both situations, once your charges are withdrawn or stayed by the Crown, you don’t have to go back to court.

However, there is one important difference. Stayed charges can be “brought back to life” within one year of the day they are stayed. While this tends to be rare, you should know that if you’re charged with new offences during the one year period after you’ve had charges stayed.

Certain courts have jurisdiction to stay criminal proceedings under s. 24(1) where putting a person on trial would amount to an "abuse of process" and violate the "principles of fundamental justice" under s. 7.[1] The principle of abuse of process arises from the common law.[2] It is now superseded by the Charter.[3]

A Stay of Proceedings is the most drastic of remedies available to a court. As the Supreme Court of Canada stated:

Charges that are stayed may never be prosecuted; an alleged victim will never get his or her day in-Court; society will never have the matter resolved by a trier of fact. For these reasons, a stay is reserved for only those cases of abuse where a very high threshold is met: "the threshold for obtaining a stay of proceedings remains, under the Charter as under the common law doctrine of abuse of process, the 'clearest of cases'[4]

A stay of proceedings is considered the “ultimate remedy” that is absolutely final, preventing the court from ever adjudicating the matter.[5]

Consequently, there is a high threshold on a stay of proceedings. It is only permissible in the “clearest of cases”.[6]

A clearest of case is one in which the integrity of the justice system is implicated.[7]