For anyone facing criminal charges in Ontario, few outcomes are as decisive — and relieving — as having the charges withdrawn before trial. Yet despite how typical this result can be in practice, many accused persons misunderstand what it actually means when charges are dropped, why it happens, and what legal consequences may still follow.
In Ontario, criminal charges are not dropped casually or automatically. The decision reflects a legal assessment by the Crown Attorney that continuing prosecution is either unwinnable, unjustified, or contrary to the public interest. Understanding how and why this happens is critical for anyone navigating the criminal justice system.
This article explains what it truly means when charges are dropped in an Ontario court, how the Crown reaches that decision, what happens immediately afterward, and why skilled criminal defence lawyers often play a decisive role in achieving that result.
When criminal charges are dropped — formally referred to as a withdrawal of charges — the Crown Attorney advises the court that the prosecution will not proceed. This ends the criminal case entirely.
Importantly, a withdrawal is not the same as an acquittal or a stay of proceedings. There is no trial, no finding of guilt or innocence, and no sentence. The legal effect is immediate: the accused is no longer subject to the court’s jurisdiction for that charge.
From a practical standpoint, this means:
However, while the court process ends, the legal and administrative consequences of an arrest may still require careful handling, which is discussed later in this article.
In Ontario, judges do not drop criminal charges. This is a common misconception.
Only the Crown Attorney has the legal authority to withdraw charges. Judges may question or scrutinize the Crown’s decision, but they cannot compel the Crown to proceed or to cancel.
This authority reflects a core principle of Canadian criminal law: prosecutorial discretion. The Crown acts as a gatekeeper, ensuring that only cases meeting strict legal standards move forward.
Every criminal case in Ontario is subject to Crown screening, a mandatory review process rooted in Supreme Court of Canada decisionsand reflected in Ontario prosecution policy. The Crown is legally required to assess each case before deciding whether to proceed.
This assessment is based on a two-part test:
The Crown must determine whether the available evidence could realistically support a conviction at trial. This involves evaluating witness reliability, evidentiary strength, and potential Charter or procedural issues. If the case is unlikely to succeed, the charge must be withdrawn.
Even where a conviction is possible, the Crown must consider whether continuing the prosecution serves the public interest. Factors include the seriousness of the offence, the circumstances of the accused, and proportionality.
If either part of this test is not met, the Crown is obligated to discontinue the prosecution.
The first and most critical question the Crown must answer is whether there is a reasonable prospect of conviction.
This does not mean the Crown believes a conviction is merely possible. It means that, after considering the evidence realistically and objectively, the Crown believes a conviction is more likely than not at trial.
This assessment includes:
Cases often appear strong on paper but collapse under closer scrutiny. Surveillance footage may be unclear, witnesses may recant or contradict themselves, and police conduct may violate Charter rights in ways that fatally undermine the case.
“A charge can look solid at the time of arrest, but once the evidence is tested properly, the foundation often falls apart.”
— Jeff Mass, Managing Partner
Even where a conviction may be legally possible, the Crown must also consider whether continuing the prosecution serves the public interest.
This analysis is nuanced and fact-specific. The Crown weighs factors such as:
For example, prosecuting a first-time offender for a low-level, non-violent offence may technically be possible, but not necessarily justified — particularly where rehabilitation, restitution, or diversion would better serve public safety.
Ontario’s courts are also operating under significant resource constraints. While workload alone cannot justify dropping charges, it does influence how aggressively marginal cases are pursued.
| Factor | Why It Matters |
|---|---|
| Weak or inconsistent evidence | Undermines trial reliability |
| Charter violations | May exclude critical evidence |
| Unreliable witnesses | Creates reasonable doubt |
| Minimal harm | Lowers public interest |
| No prior criminal record | Supports restraint |
| Delay risks (Jordan) | Threatens case viability |
| Availability of diversion | Offers an alternative resolution |
For anyone facing criminal charges, this table highlights a key point: charges are dropped when the Crown concludes the case cannot or should not proceed. The decision is based on legal strength, constitutional compliance, and whether prosecution truly serves the public interest — not on sympathy or assumptions about guilt or innocence.
When one or more of these factors are present, the likelihood of charges being withdrawn increases, especially when they are clearly identified and raised adequately by experienced defence counsel. While no single issue guarantees a withdrawal, these considerations often form the legal basis for ending a case before trial.
The presence of an experienced criminal defence lawyer fundamentally alters how the Crown evaluates a case.
A knowledgeable defence lawyer does not wait passively for trial. Instead, they actively test the Crown’s case early by:
Crown prosecutors are acutely aware that contested cases consume time, resources, and institutional credibility — especially when weaknesses are exposed early.
“When defence counsel demonstrates early that a case will be hard-fought and legally complex, the Crown must reassess whether prosecution is truly justified.”
— Heather Spence, Partner
Once the Crown withdraws charges in court, the legal consequences are immediate and decisive.
There is no probation, no peace bond, and no lingering court authority over the individual.
However, many people mistakenly believe this also means all records disappear. That is not always the case.
Yes. While dropped charges do not result in a criminal record, police services typically retain internal records of the arrest and investigation.
These records:
In some cases, these records can affect employment, travel, or volunteer opportunities. Certain police services, including Toronto Police, may allow applications for record destruction or access corrections, depending on the circumstances.
Legal guidance is often critical in navigating this process effectively.
Although uncommon, the Crown may attempt to reinstate charges if:
Because no trial occurred, constitutional double jeopardy protections do not strictly apply. However, courts scrutinize reinstatement attempts closely to ensure fairness and prevent prosecutorial overreach.
Many accused persons assume weak cases will collapse on their own. In reality, weak cases often survive unless appropriately challenged.
Early defence intervention allows counsel to influence the Crown’s screening assessment before positions harden and momentum builds.
“The best withdrawal outcomes almost always occur when defence counsel intervenes early — before flawed cases gain institutional momentum.”
— Robbie Tsang, Criminal Defence Lawyer, Managing Partner
If you are facing criminal charges in Ontario, hoping the Crown will “do the right thing” is not a strategy.
The defence team at Mass Tsang LLP has decades of experience persuading Ontario Crown prosecutors to withdraw charges where prosecution is legally or practically unsustainable.
Through early advocacy, Charter litigation, and strategic negotiation, the goal is always the same: ending the case cleanly, early, and without lasting consequences.
Only the Crown Attorney has the legal authority to drop criminal charges in Ontario. Judges cannot withdraw charges and cannot force the Crown to proceed or discontinue a prosecution.
No. When charges are dropped, there is no trial and no finding of guilt or innocence. The case ends because the Crown decides not to continue prosecution, not because the court ruled on the merits.
No. Dropped charges do not result in a criminal conviction or criminal record. However, police may retain internal arrest records, which can sometimes appear in enhanced background checks.
In rare cases, yes. Charges may be reinstated if new evidence emerges or if the original withdrawal was procedural. Any reinstatement is subject to court scrutiny and to the principles of fairness.
There is no fixed timeline. Charges may be dropped early during Crown screening or later in the process as evidence is reviewed, witnesses change, or defence counsel raises legal issues.
Yes. Experienced criminal defence lawyers can identify legal weaknesses, Charter violations, and public interest issues early, significantly increasing the likelihood that the Crown will withdraw charges.
