‘Domestic violence charges are taken very seriously by police’

By LegalMatters Staff • After a domestic assault allegation has been lodged and one partner has been charged, complainants sometimes ask if the charge can be withdrawn. That is not their call to make.

“The decision to withdraw a domestic assault charge can only be made by a Crown prosecutor,” says Calgary criminal lawyer Matthew Deshaye. “The prosecutor represents the state and is not the complainant’s lawyer. Because of this unique role, the complainant cannot tell the prosecutor what to do.”

However, the Crown will consider the complainant’s wishes when assessing the strength of their case and the public interest in pursuing charges against the accused, he says.

“Across Canada, domestic violence charges are taken very seriously by police and the judiciary,” says Deshaye. “If officers are called to a home to investigate one of these crimes, there is a good chance someone will be led away in handcuffs.”

He says that officers are required to lay domestic assault charges if find credible evidence to support them.

“In some instances, a complainant may choose to recant their statement,” explains Deshaye. “This happens for several reasons, such as they were intoxicated or using drugs at the time, or they simply exaggerated or lied about what happened.”

He adds that if a witness chooses to recant their evidence, they should seek independent legal advice due to the potential for criminal liability surrounding the making of a false allegation or due to misleading investigators.

Deshaye points to a statement released by Public Prosecution Service of Canada, which notes it is common for victims in domestic assault cases to “demonstrate reluctance or unwillingness to participate in the criminal justice process … if the complainant refuses to testify, Crown counsel should consider whether other admissible evidence is sufficient to prove the domestic violence offence.”