Crown Stay of Proceedings
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One of the systemic issues in the
terms of reference under
Order in Council
#479/2005 involves the use of the Crown stay power, especially in
the context of cases that have been the subject of a S. 696 review by the
federal Minister of Justice.
The Crown stay power appears to be
used in somewhat different ways across the country. For example, in
Ontario, the Crown stay tends to be used sparingly and only in cases where
there is a real prospect of re-commencing the prosecution. In Manitoba, it
tends to be used more liberally, including in cases where there may be no
real prospect of re-prosecuting.
The Inquiry commissioned a paper on
this subject from Professor Kent Roach of the University of Toronto, Faculty
of Law. In addition, the recent Report of the Lamer Inquiry in Newfoundland
contains a useful discussion of the use of the Crown stays powers in context
of S.696 cases.
The paper that Professor Roach
prepared can be found below along with the relevant pages from the Lamer
These documents have been circulated
to all parties with standing and do the members of an expert panel who will
assemble at a public session of the Inquiry on Monday, September 18, 2006.
The panelists will discuss the issue
in a round table format, together with the commissioner and counsel for the
inquiry and the parties.
Panel of experts:
Papers for discussion: