A withdrawal is a decision by the Crown attorney to discontinue the prosecution of a criminal charge. When a charge is withdrawn, it is removed from the court docket and no conviction or criminal record results. A withdrawal is the most common way criminal charges are resolved without a trial or guilty plea in Ontario.
Charges can be withdrawn for a number of reasons: the Crown determines there is no reasonable prospect of conviction, the complainant recants or is uncooperative, the evidence is insufficient, a resolution has been reached (such as a peace bond, diversion, or guilty plea to a lesser charge), or prosecution is not in the public interest. In domestic assault cases, the complainant's desire to withdraw is not sufficient on its own — the Crown makes the decision independently based on the evidence and the public interest.
A withdrawal is a final resolution — the withdrawn charge cannot be re-laid unless new and compelling evidence comes to light. Defence lawyers negotiate withdrawals by identifying weaknesses in the Crown's case, presenting mitigating information about the accused, and proposing alternative resolutions that address the Crown's concerns without a conviction.