Crown Stayed Charges in McHale v Trudeau Nov 4, 2019

A quick update from Gary on the Trudeau case.

The Crown stayed the charges before I could enter any evidence which they are allowed to do. I can appeal this which I have done before.

My win at the Court of Appeal is the standard quoted in courts across Canada on private prosecutions. 

I believe the Crown once again, have done something beyond their authority. While they can stay any case, the reason they stayed this case was because they claim there was no reasonable possibility of a conviction which isn’t true.

However, by staying it this way they are pre-judging the case before any charge is issued which is not the standard in Ontario.

I will post more once I have the paperwork ready to start the appeal process.

The Crown has started staying private prosecution cases before the hearing even starts. When I was in court, they did it to 3 other cases as well as mine against Trudeau. In each case they claim there is no reasonable possibility of conviction and therefore the case should to be stayed.

The Crown has total control over all criminal cases. However, the legal issue now is whether the Crown can pre-screen a case before a charge is issued.

This is not the normal process in Ontario.

In fact, my Court of Appeal ruling stated, “Pre-charge screening, or pre-charge approval, is the exception and not the rule in this province.”

As such, the Crown doesn’t have a right to this as it isn’t codified in the law. Therefore, my appeal will be much the same as the one I won at the Court of Appeal – the Crown is overstepping their authority by doing something that the law doesn’t state they can do.

If I win this would stop the Crown from staying private prosecution before a Justice of the Peace hears the evidence.