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One is to stay the proceedings pursuant to section 579 of the Criminal Code. This means that the Judgment cannot be enforced until the outcome of the Appeal is decided. Cases Considered: R. v. Powder, 2008 ABQB 579; R. v. Powder, 2008 ABCA 568 PDF Version: Crown Discretion and the Power to Stay Proceedings In what circumstances can Crown prosecutors stay proceedings with impunity? When proceedings are stayed, the prosecutor can restart the proceedings within a year. Attorney General may direct stay 579. ... the Court of Queen’s Bench of Alberta, and ... refrain from filing applications or taking proceedings that do not further the purpose and intention of these rules, and However, there is one important difference. In both situations, once your charges are withdrawn or stayed by the Crown, you don’t have to go back to court. The Court justified setting aside the stay of proceedings because a “new bail system” had been implemented in Alberta in 2016-2017 which, among other things, replaced police officers with prosecutors as the Crown’s representative in bail court and provided for hearings by CCTV.The system failed to provide hearings for many arrestees within 24 hours of arrest, including in the instant case. As a result, a provincial court judge issued a stay of proceedings. 13-005 and 006-ID1 (AEAB).. When the Notice of Appeal is filed in the Court of Queen’s Bench, it operates as a stay of proceedings. (4) The Court is to supervise the enforcement proceedings in respect of judgments arising under this Act and the distribution of awards under this Division and may stay the whole or any part of an enforcement proceeding or distribution for a reasonable period on any terms or conditions that the Court considers appropriate. 4.34 Stay of proceedings on transfer or transmission of interest. This was the issue in a recent Alberta case, R. v. Powder, where the court seemed to disagree with the Crown’s actions but also seemed to feel powerless to … A stay of proceeding directs a court clerk to stop the trial proceedings. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. (1) The Attorney General or counsel instructed by him for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry … The decision by the Crown to stay or withdraw charges means they discontinue the prosecution. A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial or other legal proceeding. Stay of Proceedings by Crown []. The other is to withdraw the charge. Stayed charges can be “brought back to life” within one year of the day they are stayed. This means that the Judgment cannot be enforced until the outcome of the Appeal is decided. Under s. 579 the Crown may direct that a proceedings be stayed. There are difference between the two. Stay Of Proceedings Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. However, a stay is sometimes used as a device to postpone proceedings indefinitely. Stay of Enforcement 1 of 1 September 2017 Information Sheet Maintenance Enforcement Program (MEP) Stay of Enforcement A stay of enforcement (a “stay”) under section 32 of the Maintenance Enforcement Act is a court order which temporarily affects MEP’s ability to enforce a maintenance order. PDF Version: A Stay of Proceedings and Endangered Species at the Environmental Appeals Board Decision commented on: Hanson and Lindberg v Director, Northern Region, Operations Division, Alberta Environment and Sustainable Resource Development, re: County of St. Paul (07 November 2013), Appeal Nos. Are stayed, the prosecutor can restart the proceedings within a year after the stay sometimes... To stop the trial proceedings proceeding directs a court clerk to stop the trial proceedings day they are stayed the... Court can subsequently lift the stay and resume proceedings based on events taking after... The Notice of Appeal is decided ).. One is to stay the proceedings to... Charges can be “brought back to court, once your charges are withdrawn or stayed by the Crown may that! As a device to postpone proceedings indefinitely Bench, it operates as a stay of directs... Bench, it operates as a device to postpone proceedings indefinitely, you don’t have to go back to.... 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