Monday, October 20, 2014

Private prosecution maybe stayed without review save for proved abuse of process

R. v. Olumide, 2014 ONCA 712:

[2]          Section 579 of the Criminal Code gives the Attorney General the authority to direct a stay of proceedings at any time.  The discretion to do so is reviewable only in the event of abuse of process.  There is a presumption of prosecutorial good faith: see Krieger v. Law Society (Alberta) 2002 SCC 65 and R. v. Nixon 2011 SCC 34.  The appellant has the onus of proving an abuse of process in the exercise of prosecutorial discretion.  

[3]          Mr. Olumide alleged that the Attorney General is in an inherent conflict of interest and this constitutes an abuse of process.  The motion judge found that there was no evidence of abuse of process.  Absent proof of an abuse, the discretion is not subject to review by the court: Campbell v. Ontario (A.G.) (1987), 35 C.C.C. (3d) 480 (Ont. C.A.), leave to appeal refused, [1987] S.C.C.A. No. 202. There is no evidence to point to an abuse of process.

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