When someone is facing attempted murder charges, they’re looking at one of the most serious criminal accusations in Canada. A conviction can mean life in prison, so staying on the charges is a massive win. But what does that mean? And how does it happen?
If you’ve ever wondered what it takes to fight an attempted murder charge—or if you or someone you know is dealing with this situation—this breakdown will help you understand the process, the legal strategies involved, and why charges sometimes get stayed.
What Does It Mean When Attempted Murder Charges Are Stayed?
When charges are stayed, the Crown has effectively paused the case. The accused is not convicted, acquitted, or serving any sentence—but they also don’t have a criminal record for that charge.
A stay of proceedings happens when the prosecution decides not to proceed with the case. This can happen for a few reasons, such as:
- Insufficient evidence – The Crown doesn’t have enough proof to secure a conviction.
- Charter violations – The accused’s rights were violated (e.g., illegal searches and lengthy trial delays).
- Witness issues – Key witnesses refuse to testify, go missing, or change their story.
- Public interest – The case is weak, expensive, and untrue.
Once a charge is stayed, the Crown has up to one year to restart the case. If they don’t, the charges disappear permanently.
How Do Defence Lawyers Get Attempted Murder Charges Stayed?
1. Attacking the Crown’s Evidence
In severe cases like attempted murder charges, the Crown needs rock-solid proof that the accused not only tried to kill someone but did so intentionally. Defence lawyers will look for weaknesses in the case, such as:
- Unreliable witness testimony – Were witnesses mistaken? Did they have a reason to lie?
- Lack of forensic evidence – No DNA, no fingerprints, no gunshot residue? That’s a problem for the Crown.
- Conflicting stories – The case gets shaky if witnesses or victims keep changing their version of events.
If the evidence weakens, the Crown might stay the charges rather than risk losing at trial.
2. Arguing Charter Violations
Canadian law protects people from unfair treatment, even if they’re accused of something serious like attempted murder charges. If police or prosecutors violate an accused person’s Charter rights, the defence can push for a stay.
Common Charter violations include:
- Unlawful search and seizure – Did police search without a warrant?
- Right to counsel denied – Was the accused refused a lawyer at the time of arrest?
- Unreasonable trial delays – If the case is too long, it could be unconstitutional (R v. Jordan sets an 18- to 30-month limit).
Judges take Charter violations seriously, and the entire case can collapse if one is proven.
3. Witness Problems
Without key witnesses, the Crown’s case can fall apart. Defence lawyers often scrutinize the prosecution’s witness list and may even investigate whether those witnesses are coerced, unreliable, or unwilling to testify.
Real-world example: In a 2022 Ontario case, a man’s attempted murder charges were stayed after a critical witness refused to testify. Without their testimony, the Crown had no choice but to back down.
Why Do Some Attempted Murder Cases Never Go to Trial?
Not every case is as strong as it seems. Prosecutors want convictions, not just attempted murder charges, so they won’t go to trial unless they believe they can win. If holes exist in the case—weak evidence, procedural errors, or reluctant witnesses—they might decide to stay the charges rather than risk an embarrassing loss in court.
In some cases, defence lawyers negotiate a plea deal to a lesser charge, like aggravated assault, to avoid the risk of a lengthy trial. But if the defence successfully argues that the case is too weak, the Crown might just drop it entirely.
What Happens After Charges Are Stayed?
Once attempted murder charges are stayed, the accused walks free. However, the Crown has one year to revive the case—though this rarely happens unless new evidence emerges.
For the accused, this means:
- There is no conviction
- No criminal record for that charge
- And no further court appearances
However, a stayed charge doesn’t mean innocence—it just means the case isn’t proceeding. Some background checks may still show the charge for a limited time, but legally, it’s as if it never happened once the year is up.
Final Thoughts: A Stay Is a Win, But Not an Acquittal
If you or someone you know is facing attempted murder charges, getting a stay is one of the best possible outcomes short of an outright acquittal. It means the prosecution had to back down—either because their case was weak, a Charter violation occurred, or key witnesses disappeared.
But it’s not automatic. A strong legal defence, experienced lawyers, and a strategic approach are crucial. That’s why the best defence teams analyze every case detail, looking for any angle to challenge the charges and push for a stay.
If you’re dealing with attempted murder charges, speak to a criminal lawyer immediately—the earlier a defence strategy is in place, the better the chances of avoiding trial.
Author: Rebecca Calloway
Rebecca Calloway is a criminal defence researcher with a background in constitutional law, specializing in violent crime cases and wrongful prosecutions.
