"I want to Drop the Charges." - Why this statement isn't possible

Have you ever watched a TV show or movie where someone says they'll "drop the charges"?

The truth is... that just happens in Hollywood.

Yet we have clients coming to us asking for exactly that, or stating that the complainant wants to drop the charges against them. We must then tell them that isn't how things work in Canada.

Once a charge is laid, it MUST be seen through in the courts. Only the Crown can consent to a withdrawal, or a Judge can rule to dismiss the charges.

The reason is simple.

Let's use a domestic violence situation as an example. A person calls the police on their spouse, and charges are laid by the police based on the evidence gathered through victim statements and what they witness themselves. They don't require permission to charge someone with a crime if they observe a criminal act, or evidence of one. This is key, as people often call saying they didn't ask or give permission to the police to lay the charges.

After things have cooled down, sometimes the accused spouse, or the spouse's family can begin to pressure them to "drop the charges". This can be powerful, and reduce the protection and safety for the alleged victim. This pressure can cause people to act against their own best interests, and can continue a cycle of abuse.

However, even though one cannot drop charges it is possible for someone to reach out to the Crown, and let them know they wish to have the charges dismissed. Even then, only the Crown or a judge can make that happen, and that'll be based on the Crown or a judge being satisfied that this is being requested with honest intent and no pressure or coercion.

This process is deliberately slow to make sure that if a charge is to be withdrawn, it's for a valid reason!

So, next time you hear someone say "Drop the charges", you'll know why that's not possible.