R. v. F.J.F.

(Calgary, P.C. - Causing a Disturbance/Aeronautics Act). JF was charged as a result of disagreement with flight staff at the Calgary Airport. JF's case was "stayed" very early in the proceedings the Prosecution. The discretionary power to "stay" a prosecution is solely in the hands of the Crown Prosecutor. Essentially a "stay" is the withdrawal of a charge(s) with the added element that the Crown can bring the case back to life within 12 months of the date that the prosecution was stayed. Re-opening a case after a stay has been entered only occurs in discrete and exceptional circumstances and almost always, only in cases (such as homicide) where there is a high public interest.

In the opinion of JF's Calgary criminal lawyer, there was no reasonable prospect of conviction. In this case, though flight staff were arguably somewhat dramatic, they were not the real cause of the issue. The issue was that though JF might have been annoying, there were reasonable grounds to charge JF with an offence. The written police report certainly suggested a basis for the charges, but the video from airport showed otherwise. Specifically, the video did not corroborate the allegations and in the opinion of JF's defence lawyer, actually favoured the accused. The Prosecutor reviewed the evidence, agreed and entered a stay of proceedings. 

Audio, video and other electronic evidence in criminal law cases is very important. It is not unusual to have video depict something different than what is reported by witnesses, including police. To be fair, an inaccurate police or witness report does not necessarily mean that the officer or witness is lying. Human beings are frail and as such, observations by human beings are clouded by lawyers of interpretation and natural bias.  This is why the video and audio in cases is something that every competent criminal defence lawyer will almost always pursue. It also important to remember, that police and witnesses often deal with aggravating people, who naturally rub others the wrong way. When this happens, the likelihood of a witness misinterpreting or offering biased reporting is increased. The best Calgary criminal lawyers do their level best to set aside aspects of the case that may inspire an emotional response rather than a rationale response.  David Chow offers a free initial telephone consultation.