Gary McHale laid a private information alleging three individuals committed a crime.
A justice of the peace received the information.
Before the pre-enquete hearing under s. 507.1 of the Criminal Code could begin, a Crown Attorney intervened and withdrew the charges.
McHale successfully applied for mandamus in the Superior Court, which directed the pre-enquete to proceed.
The Crown appealed.
The Court of Appeal dismissed the appeal, holding that the Crown's common law authority to withdraw a private information does not crystallize until the justice determines to issue process at the conclusion of the pre-enquete.
