If you have been charged with a crime in Saskatchewan, you are likely wondering when the Crown will drop the charges and how it will impact your life. The Crown Prosecutor will typically withdraw charges if they determine there is no reasonable prospect of conviction or if continuing the case is not in the public interest.
While a withdrawal effectively ends the prosecution and ensures you do not have a criminal record for that specific charge, the underlying arrest records may still exist.
In family law contexts, even if Can the Crown Attorney drop charges is answered with a “yes,” the initial allegations can still influence child custody or parenting time decisions.
Seeking a formal withdrawal early through legal negotiation is often the most effective way to protect your future.
Understanding Crown Authority
In Canada, the “Crown” refers to the government’s legal representative, the Crown Prosecutor. Unlike what you see on TV, the police don’t run the courtroom, and the victim doesn’t have the final “say” in whether a case proceeds. The Crown acts as a gatekeeper of justice.
Their authority is vast, but it isn’t arbitrary. They must follow strict guidelines to ensure every citizen is treated fairly.
It means their job isn’t just to “win” a case, but to see that justice is done. If the evidence is shaky or the case doesn’t serve the community, they have the power to stop the process entirely.
Why Crown Authority Matters in Family Law?
Criminal charges and family law often overlap, especially in high-stress situations like a divorce. If one spouse is charged with an offence, it can immediately trigger “no-contact” orders that prevent them from seeing their children. Knowing when the crown drop charges are likely to occur is vital, because a criminal charge can be used as leverage in a custody battle. Even if the charges are eventually dropped, the “shadow” of the allegation can linger in the eyes of a Family Court judge who is focused on the “best interests of the child.”
The Two Methods of Ending Criminal Charges
In Saskatchewan, Canada, the two primary non-trial ways to resolve criminal charges and avoid a criminal conviction are withdrawal of the charges and a stay of proceedings. Both options are exercised at the discretion of the Crown Prosecutor, often after the accused has completed a diversion program such as Alternative Measures.
| Feature | Withdrawal of Charges | Stay of Proceedings |
| Finality | The case is closed permanently. | The case is “paused” for up to one year. |
| Reactivation | The Crown cannot restart these charges. | The Crown can “reactivate” them within 12 months. |
| Record | No conviction, but an arrest record exists. | No conviction, but the “Stay” shows for 1 year. |
| Common Use | Insufficient evidence or public interest. | Complex cases or to allow for “Diversion.” |
Tip of the Day
Always aim for a Withdrawal. It provides the legal certainty you need to move on with your life, especially if you are in the middle of a divorce or a common-law separation.
Common Reasons Crown Drops Charges
The Crown doesn’t drop charges just because someone asks nicely. They do it because they are legally required to stop a prosecution that is destined to fail. The most common reason is the absence of a reasonable prospect of conviction.
Which means that even if the case went to a full trial, the Crown doesn’t believe a judge or jury would find the accused guilty beyond a reasonable doubt.
When does the Crown see “no reasonable prospect”?
The Crown (prosecution) concludes there is no reasonable prospect of conviction when, after a thorough and objective assessment of the evidence, it determines that a properly instructed judge or jury is unlikely to find the accused guilty. It is an ongoing obligation. At any stage of the proceedings, if this threshold is no longer met, the Crown should withdraw the charges or enter a stay of proceedings.
- Contradictory Statements: If the complainant (the person who made the report) changes their story multiple times, their credibility is damaged.
- Missing Evidence: If key evidence (like video footage or documents) is lost or was never collected by police.
Specific Reasons for Withdrawal
Sometimes a case is technically strong but “falls apart” because of how the police handled the investigation.
Insufficient Evidence, Charter Violations, etc
In Canada, the Charter of Rights and Freedoms protects you from the government overstepping its bounds. If the police violated your rights, the Crown may have to drop the charges.
- Unlawful Search: If the police searched your home or car without a warrant or a valid legal reason, that evidence can be “thrown out.”
- Right to Counsel: If you weren’t allowed to call a lawyer promptly after being arrested, your statements might be inadmissible.
- Unreasonable Delay: Under the Jordan ruling, if your case takes too long to reach trial (usually 18–30 months), it can be permanently stayed.
Steps to Convince Crown to Drop Charges
To convince the Crown to drop charges, you generally need to show either that there is no reasonable prospect of conviction or that continuing the prosecution is not in the public interest. This can involve providing compelling evidence that undermines the case (such as an alibi or other exculpatory evidence), demonstrating that the complainant’s version of events is unreliable or has been recanted, or highlighting Charter or evidentiary weaknesses that your lawyer can raise in negotiations. In many cases, the complainant may provide an affidavit setting out a new context, clarifying misunderstandings, or expressing their current wishes regarding the prosecution. Participation in diversion programs or counselling can also support a withdrawal request.
Retaining an experienced defence lawyer is crucial. They understand how to assemble and present this information, make formal requests for withdrawal, and advocate effectively on your behalf, especially in sensitive cases like domestic violence, where public interest considerations are carefully scrutinized.
How to write a letter to the Crown Attorney to drop charges
This is often called a “Resolution Letter” or a “Request for Withdrawal.” It is a formal document sent by your lawyer (or occasionally by a victim’s lawyer) that outlines the weaknesses in the case.
What should be in this letter?
- New Information: Pointing out facts the police might have missed.
- Character Evidence: Showing that the accused is a productive member of the community with no prior record.
- The Victim’s Stance: If the victim is supportive and does not fear the accused, this is a strong “Public Interest” argument.
What Strengthens Withdrawal Requests
The Crown is more likely to listen if you can prove that a trial would be a waste of public resources.
- Completion of Counselling: Proactively taking an anger management or drug treatment course shows you are taking the situation seriously.
- Restitution: Paying back any financial losses involved in the case.
- Peace Bonds: Sometimes, the Crown will withdraw charges if the accused agrees to sign a “Peace Bond” (a court order to keep the peace and be of good behaviour for a year).
Options Besides Withdrawal or Trial
If the Crown isn’t ready to walk away completely, there are “middle ground” options that can still save you from a criminal record.
- Diversion Programs: For first-time offenders or minor crimes, the Crown might “divert” the case. You perform community service or participate in a program, and in exchange, they withdraw the charges.
- Conditional Discharge: You are found guilty, but the judge doesn’t give you a “conviction.” If you follow probation rules for a set time, the record is eventually sealed.
- Plea to a Lesser Offence: If you are charged with a serious crime (like Assault causing Bodily Harm), your lawyer might negotiate a plea to a much simpler charge (like Common Assault) in exchange for other charges being dropped.
How Criminal Charges Impact Your Family Law Case
Criminal charges can significantly affect family law matters, especially child custody, by raising safety concerns that may lead to restricted or supervised parenting time, no-contact orders tied to bail conditions, and a strong influence on judges’ decisions under the “best interests of the child” standard. Violent or substance-related charges, as well as recent offences, generally pose the greatest risk to parenting rights. However, having a criminal record does not automatically mean you will lose your rights, particularly where there is clear evidence of rehabilitation and risk reduction.
- Supervised Access: A judge might order that you only see your children under supervision until you can prove the “situation” that led to the arrest is resolved.
- Best Interests of the Child: The family court doesn’t need “beyond a reasonable doubt” proof. They only need to see a risk to the child’s safety to change a parenting order.
How Criminal Charges Affect Common-law Property Division
Criminal charges can significantly affect common-law property division by disrupting financial stability, creating unique debts, and influencing judicial perception, especially where the alleged offence involves family violence or financial misconduct. Courts may delay proceedings or allocate liabilities unevenly, but core property entitlements usually remain intact, with the focus shifting to overall fairness and the best interests of any children involved.
- Legal Fees: Criminal defence is expensive. Using family savings to pay for a lawyer can lead to intense disputes during a separation.
- Asset Forfeiture: If the charges involve proceeds of crime (like drug trafficking or fraud), the government can seize your home or vehicles before you are even convicted.
- Restitution Orders: If you are found to have caused financial loss, the court may order you to pay it back from your share of the family assets.
- Key Insight: While your ex-partner cannot “take your half” just because you were arrested, the financial fallout of a criminal charge can leave very little left to divide.
Need Help Navigating the Intersection of Criminal and Family Law?
Facing a criminal charge doesn’t have to mean the end of your relationship with your children or the loss of your reputation. Whether you are dealing with a complex “farm divorce” or an unexpected criminal or family law issue, we are here to help you protect what matters most and move forward with confidence.
Contact a Moose Jaw Lawyer Today or call (306) 992-9014 to schedule your consultation.
The Difference Between “Guilt” and “Public Interest”
“Guilt” and “public interest” are distinct concepts that are often balanced in legal and ethical decision-making. Guilt refers to an individual’s personal responsibility, culpability, or legal liability for a specific, typically wrongful, act. In contrast, public interest refers to the broader welfare, safety, and well-being of the community as a whole.
The “Prospective Conviction” Threshold
The Crown must ask: “Is it more likely than not that a judge will convict this person?” If the answer is no, the case should not proceed.
| Factor | Reasonable Prospect of Conviction | Public Interest Concerns |
| Evidence | Physical proof, clear witnesses, or video. | The strength of the evidence is secondary to the “outcome.” |
| Witnesses | Reliable, consistent, and willing to testify. | The victim’s desire to reconcile or move on |
| Impact | The crime is severe enough to demand punishment. | Trial would cause “undue hardship” to children. |
| Goal | To prove guilt beyond a reasonable doubt. | To ensure the safest and most just result. |
The Hidden Link: Domestic Violence and the Divorce Act
When we talk about when the crown drops charges, we must mention the 2021 changes to the Divorce Act. Even if the Crown drops a domestic assault charge, the Family Court is now legally required to consider “Family Violence.”
In a criminal courtroom, you are “innocent until proven guilty.” In a family courtroom, the judge applies a lower standard, the balance of probabilities (i.e., “more likely than not” that the violence occurred).
It means:
“You can have your charges withdrawn by the Crown and still lose unsupervised access to your kids because a family judge believes the victim’s testimony.”
Bail Conditions and Parenting Time
The most immediate danger of a criminal charge is the bail conditions. If you are charged with an offence against a family member, you will likely be released on a no-contact order.
- The Conflict: You are forbidden from talking to your spouse.
- The Problem: You need to talk to your spouse to arrange picking up the kids.
- The Result: You inadvertently “breach” your bail and get arrested again, or you simply don’t see your kids for 6 months while waiting for a trial.
A savvy lawyer will work to “vary” these conditions as soon as possible, allowing for third-party communication (like using grandparents custody rights) to ensure you don’t lose your bond with your children.
Protecting Your Rights and Your Future
Steering a criminal charge while managing a family breakdown is one of the most stressful experiences a person can face. Whether the Crown chooses to withdraw your charges based on a no reasonable prospect of conviction or you enter a diversion program, the ripples of the arrest will be felt in your family law proceedings.
In the eyes of the law, every detail matters. Just as a criminal record can haunt your career, failing to be honest about your domestic situation can lead to severe financial penalties.
For instance, if you are living in a common-law relationship but continue to file your taxes as “single” to claim extra benefits, you could face significant back-taxes and interest. Understanding the penalty for Filing Single in Common-law is crucial to avoiding an audit that could further complicate your legal standing during a divorce.
If you are facing charges or a complex separation, don’t wait for the situation to get worse. Early intervention is the key to a successful withdrawal and a fair settlement.
Frequently Asked Questions
1. How long does a withdrawn charge stay on your record?
A withdrawn charge never results in a “Criminal Record” (conviction). However, the arrest record and charge will remain in the police database (CPIC) unless you apply to have your fingerprints and photos destroyed. This can take 5 months to a year, depending on the jurisdiction.
2. Can the victim drop charges in Canada?
No. In Canada, the victim is a witness, not the “prosecutor.” Only the Crown Attorney can drop charges. Even if the victim signs an affidavit saying they want to “drop the charges,” the Crown may still proceed if they believe there is a risk of future violence.
3. Can I talk to the Crown directly about dropping charges?
It is highly discouraged. Anything you say to the Crown can be used against you in court. If you are the accused, you should only communicate through a lawyer. If you are the victim, you can speak to a Victim Services worker or the Crown, but be aware that they are not “your” lawyer. Their job is to prosecute the case.
4. Can withdrawn charges affect my custody case?
Yes. While a withdrawn charge isn’t a conviction, the allegations underlying it can still be presented in Family Court. A judge might view the incident as evidence of “family violence,” which is a major factor under the Divorce Act when deciding on parenting time.
