Mr. Speaker, I am very happy to clarify. There is no question that our capable and professional Crowns are able to intervene in private prosecutions and stay or withdraw the charges. The problem is that, at times, a Crown may take a non-position. However, even if it would be appropriate to stay or withdraw, and the Crown did take that position and charges were stayed or withdrawn, an informant would be able to appeal to a judicial review, which means that the alleged accused would be subject to legal fees, reputational risks and travel restrictions. One of the common questions when we travel is “Have you ever been subject to criminal proceedings or ever been arrested?”
Regrettably, even if the Crown exercises its due diligence, there is still the prospect of continuous prosecution, putting Canadians' well-being at risk.
