The applicant, charged with historic sexual assault and sexual interference, sought a stay of proceedings after the Crown repudiated a resolution agreement.
The Crown had initially agreed to resolve the matter with a peace bond, acknowledging the case was 'almost unwinnable'.
However, after a recorded conversation with the complainant, who expressed a desire for a trial to confront the applicant publicly, the Crown reneged on the agreement citing 'new information'.
The court found there was no new information and that the Crown had improperly suborned its public duty to the complainant's personal agenda.
Concluding this conduct fell into the residual category of abuse of process and undermined the integrity of the justice system, the court granted the application and stayed the charges.
