The Authority of the Attorney General to Withdraw an Information
Despite the absence of express or necessarily implied authority in the Criminal Code , it is well-established at common law that the Attorney General has the authority to withdraw an information or charge prior to plea. R. v. Dick , 1968 CanLII 231 (ON SC), [1968] 2 O.R. 351 (H.C.J.), at p. 359; R. v. Osborne (1975), 11 N.B.R. (2d) 48 (S.C.(A.D.)), at paras. 17 and 30; R. v. Blasko , [1975] O.J. No. 1239 (H.C.J.), at paras. 5 and 6; Re Forrester and The Queen (1976), 33 C.C.C. (2d) 221 (Alta. S.C.(T.D.)), at pp. 223-5. Leave of the presiding judge is required to withdraw an information or charge after plea[FN]. The authority of the Attorney General to withdraw an information or charge in advance of plea, however, is extensive. No authority limits the right of an agent of the Attorney General to withdraw an information to only those informations laid by law enforcement officials. The Attorney General may, therefore, withdraw an information which has been laid by...