The respondents were charged with tax offences.
During the trial, the Crown directed a stay of proceedings under s. 579 of the Criminal Code.
The respondents subsequently sought costs against the Crown under s. 24(1) of the Charter for alleged prosecutorial negligence and Charter breaches.
The Summary Conviction Court judge held he retained jurisdiction to hear the costs application, which was upheld on certiorari by the Superior Court.
The Crown appealed.
The Court of Appeal allowed the appeal, holding that once the Crown exercises its discretion to stay proceedings, the trial judge becomes functus and lacks jurisdiction to entertain a Charter costs application.