Does the holding of a public inquiry into historical abuse constitute a consideration that falls within the power to stay a subsequent prosecution?

Alberta, Canada


The following excerpt is from Orysiuk v. Alberta, 1977 ALTASCAD 205 (CanLII):

For the reasons given by my brother Morrow I am of opinion that the holding of a public inquiry is not a consideration that falls within the power to stay a subsequent prosecution. Oppression of the nature asserted in The Queen v. Osborn is not open to consideration, and in any event I can see none in a relevant sense in the present case. Publicity is inherent and an important aspect of a public inquiry, not an exceptional circumstance. Whether it is in fact seriously prejudicial to the defence is not a matter that can be determined in advance of the trial and certainly the power does not extend to a speculation of abuse.

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