Can the victim withdraw the complaint?
Short answer
In Quebec, a victim can withdraw their complaint with the police while the investigation is ongoing, but they do not control what happens next: once charges have been laid, only the prosecutor at the Directeur des poursuites criminelles et pénales (DPCP, Quebec's prosecution service) can decide to stop or continue the case.
In detail
The complaint is the starting point, not the prosecution itself. Because the decision to charge belongs to the prosecutor, withdrawing the complaint is one factor among others that the prosecutor may consider — not an instruction that binds them.
That is especially true in domestic violence or sexual violence cases, where a prosecution can go ahead even if the victim no longer wants to testify. The logic is to avoid putting the pressure on the victim's shoulders.
A victim does keep real rights: to be kept informed of how the case is moving forward, to raise their concerns with the prosecutor, and to file a victim impact statement at the sentencing stage.
One warning is in order: changing or taking back a statement already given to police is not a small thing. A false statement can carry criminal consequences. If your account has changed, it is better to speak to a lawyer.
What to document
Note the date of the complaint, the date of any request to withdraw it, who you sent it to and the answer you received. Keep your written statements if you were given a copy. Note as well any communications from the prosecutor or the CAVAC (crime victims assistance centre).
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Stages of the criminal court process and participation of the victim — Gouvernement du Québec
- Directeur des poursuites criminelles et pénales (DPCP)
Related questions
- How long does the police have to lay charges against me?
- What is the first appearance and what happens there?
- What is disclosure of the evidence and how do I get it?
- How long can a criminal case last before it is too long?
- What is the alternative measures program and does it avoid a trial?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.