Application for Stay of Proceedings

Once you’ve received your Notice of Trial you should then submit an Application for Stay of Prodceedings. The background material to this process and sample forms for the Application are contained in the following files:

The Office of the Auditor General of Ontario completed and released the Auditor General’s Report of December, 2008. The Auditor General, Jim McCarter, CA made a number of detailed audit observations.  One dealt with Ontario’s Court Services; See Chapter 3 – VFM Section 3.07, page 206 of the Auditor General’s 2008 Annual Report, here is one excerpt:

Detailed Audit Observations

Case Backlogs and the Court:

Efficiency:

The success of the judicial system is measured by its ability to resolve disputes in a fair and timely manner.
In our previous audits of court services in 1993, 1997, and 2003, we reported that serious backlogs existed and were growing, particularly for criminal cases, and that more successful solutions were needed for eliminating backlogs. Despite several ongoing and new initiatives to reduce backlogs, the situation has largely remained unchanged: the measures put in place to reduce or eliminate backlogs have not been sufficient to reverse the trend.
Not only have the backlogs not been reduced—they continue to grow. A major reason for this is that there has been a significant increase in charges laid, which the courts have not been able to keep up with.  At the time of our audit, the backlogs were at their highest levels in 15 years.

There are serious ramifications when backlogs in courts are not adequately addressed: the public can develop a perception that the courts are not responsive to its needs; defendants can take advantage of delays to argue that their cases should be withdrawn; and witnesses’ memories can fade.

Also, long delays caused by backlogs are unfair to accused persons, who deserve to have criminal charges against them resolved within a reasonable time period.        Auditor General of Ontario – Jim McCarter

Does the Federal Department of Justice approve of Stay of Proceedings?

According to The Federal Prosecution Service DESKBOOK – Part VII Policy in Certain Types of Litigation Chapter 35:

35.4.1 The Power to Stay Proceedings:

An attorney general has the statutory power to stay existing criminal proceedings in individual cases involving appropriate fact situations.6 Pursuant to section 579 of the Criminal Code, the Crown must notify the clerk of the court of the recommencement of the stayed proceedings within a period of one year from the date of the entry of the stay. Crown counsel must be conscious of this limitation in drafting immunity agreements, particularly where the terms of the agreement require that the information provider do something or refrain from doing something during that period.

The authority of the Attorney General of Canada to stay proceedings does not include the power to stay prosecutions conducted by provincial attorneys general. Accordingly, the agreement must be carefully worded so as to make the extent of the immunity clear and unambiguous. Counsel for the information-provider should be referred to the provincial attorney general if his or her client desires immunity from offences prosecuted by the provincial attorney general. Crown counsel may respond to a request for consultation from the provincial representative, or initiate consultation with provincial authorities where appropriate.

Upon opening up one of the following file formats, you may find what appears to be a blank sheet.  If you scroll down you will find the introduction to the Application for Stay of Proceeding, complete with a detailed explanation and a thorough discussion with respect to the law (Supreme Court Decisions) that support your Section 11 (b) application or your Constitutional motion.

Application for Stay of Proceedings

Application for Stay of Proceedings.odt

Application for Stay of Proceedings.doc

Application for Stay of Proceedings.pdf