Canlii Supreme Court of Canada – Criminal law – Remedies – Abuse of process – Stay of proceedings – Accused charged with sex-related offences – Police identifying accused as suspect before charges laid – Crown engaging in ‘judge shopping’ and conducting pre-charge interviews of complainants – Trial judge staying some of charges – Court of Appeal overturning stay – Whether conduct of Crown and police amounted to abuse of process – Whether partial stay of proceedings warranted – Whether Court of Appeal entitled to interfere with trial judge’s decision to grant partial stay.
Judges:
McLachlin CJ and L’Heureux-Dube, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.
Citations:
2002 SCC 12, [2002] 1 SCR 297, 201 NSR (2d) 63, 209 DLR (4th) 41, 161 CCC (3d) 97, 49 CR (5th) 1
Links:
Cited by:
Cited – Maxwell, Regina v SC 20-Jul-2011
The defendant had had his conviction for murder set aside after a finding of gross prosecutorial misconduct by the police. The Court was now asked as to the propriety of the order for a retrial. The police involved in the case had misled the CPS, . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Criminal Practice
Updated: 04 May 2022; Ref: scu.534413