R. v. B.B.B.

(Alberta Court of Justice/Calgary - Assault with a Weapon/Domestic). BBB was charged with domestic assault arising out of an incident with a common law partner.  As with many incidents of a domestic nature, an argument started over relationship fidelity. The complainant alleged that the accused tossed an object -- which was a coin. Rather than remain in the residence and risk further escalation, BBB departed the residence. The complainant called the police. The accused was later charged without incident. 

After emotions had calmed, the complainant adopted different view with respect to the incident and the accused. Similar to many cases involving domestic partners, the Prosecutor's case began to weaken because the complainant was no longer interested in having the accused prosecuted. 

Calgary criminal lawyers are often asked whether the alleged victim can him or herself drop charges. The answer to that question is "no"; while a complainant or witness definitely has a voice in the criminal justice system, the complainant has no authority or discretion to end a criminal prosecution -- only the Crown has that power. The principle is that even though a complainant might not want the accused to be prosecuted, that does not mean a criminal offence has not occurred. Though the Crown has discretion to withdraw charges (or agree to a process that results in the withdrawal of charges, such as a peace bond), unless there is no public interest or no reasonable prospect of conviction, the Crown is not obligated to abandon its case. However, when a witness becomes less cooperative, public interest and prospect of conviction can shift dramatically. It is this shift that often inspires Prosecution services to plea bargain cases. This makes sense, because a Crown is less likely to be inspired to tax limited judicial resources to advance a case for which it might lose because its complainant is no longer on board.

BBB's case ultimately resolved by way of a peace bond. The charges were withdrawn and as such, BBB avoids an criminal record entry.

Clients often inquire whether a peace bond is a "criminal record". A peace bond is a "record" but not a "criminal record". It is important for everybody to understand that records are created by both private and public services on a quotidian basis. That a person is "charged" or "accused" generates a police record (sometimes called a CPIC entry).  Those records are often shared with Border Services (such as United States Border Services). A "criminal record" differs from an ordinary police record because the criminal record is consumable or readable by the public. A police record may not be open for public inspection.  It is important to understand that while most criminal record checks do not authorize deep dives into police records on matters that where the accused has not been found guilty, some vulnerable sector record checks (such as those involving children) can expand the availability of a police record for review. 

David Chow is one of many Calgary criminal lawyers who routinely offers a free consultation and defends cases of domestic violence.  If you have been charged with domestic assault, contact a qualified Alberta domestic assault lawyer for help.  The best criminal defence lawyers will take every step to conclude your case in your best interest, which includes your financial best interests.