The appellant, a private informant, laid an information against his ex-wife.
At the scheduled pre-enquete, before any evidence was heard, the Crown directed a stay of proceedings under s. 579(1) of the Criminal Code.
The appellant applied to the Superior Court to set aside the stay, but the motion judge summarily dismissed the application under Rule 34.02 of the Criminal Proceedings Rules, finding no reasonable prospect of success.
The Court of Appeal dismissed the appeal, affirming that the Crown has the authority to enter a stay at the outset of a pre-enquete and that prosecutorial discretion is only reviewable for abuse of process, which was not established here.