R v Takagashi

Takagashi was indicted for criminal libel during the fall assizes of 1931, but a disagreement within the jury led to the case being considered again at the spring assizes of 1932, at which counsel for the Crown and counsel for the private prosecutor, C.W. Craig, appeared. The latter pursued the staying of the case, and C.W. Craig, standing for the defendant, did not object. Crown counsel consented and the proceedings were stayed. Craig then inquired as to the possibility of discharging the accused; when this was granted by the Court, he then applied for an order for payment of the costs. The Court responded by asking if the proceedings represented an acquittal - on this the two lawyers disagreed. It was determined that the case was not an acquittal, but was withdrawn. The accused was discharged and the costs were taxed. The private prosecutor then applied to Chief Justice W.A. Macdonald at the next fall assizes, requesting further proceedings, supposedly with the support of the AttorneyGeneral. Macdonald permitted this, assuming a formal statement from the AttorneyGeneral could be obtained. After further consideration the Judge decided that the application would be refused; he determined that there was “no authority in the Criminal Code allowed the Attorney-General to grant a stay of proceedings upon an indictment... and then to remove the stay and allow such indictment to be again proceeded with.” (281)