The Authority of the Attorney General to Stay Proceedings
T he right and duty of the Attorney‑General -- as chief law officer of the Crown -- to supervise criminal proceedings (both indictable and summary) is a fundamental part of our criminal justice system. Unlike the authority to withdraw charges, the authority of the Attorney General or an instructed agent to direct entry of a stay of proceedings is statutory. It is found at section 579 of the Criminal Code . There is no statutory power in a court to stay proceedings. A court’s ability to stay an information or charge is found within the common law (a subject which I will leave to another day). The Ability to Stay “Proceedings” While the Attorney General along with its counsel has the authority to direct that proceedings be stayed, the Criminal Code provides no definition of the term “proceedings”. It is well-settled, however, that criminal proceedings are instituted or commenced by the laying or receipt of an information. R. v. McHale ,...