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If one person commits a crime with another person as the victim, I can imagine certain scenarios where the crime goes unreported and therefore the perpetrator avoids prosecution. However, I can also imagine a scenario in which there are witnesses, perhaps even a police officer. Can the victim always just not press charges in these situations, and the perpetrator is free to go? Is there some threshold above which the criminal will be unable to avoid prosecution regardless of what the victim says?

If provincial jurisdiction matters, let's narrow it down to Ontario.

Michael Stachowsky
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1 Answers1

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The victim has a very limited role to play in charge approval. The charge will be brought either by the police or the Crown protector, depending on the province. This does not directly depend on whether the victim seeks a prosecution. However, the unwillingness of the victim to cooperate would be a factor weighing against a decision to charge, because a conviction is less likely without a cooperation of the victim. It would also affect the assessment of whether a charge is in the public interest.

The circumstances and views of the victim are listed as one of many factors in Ontario's charge screening directive.

Jen
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