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Appeal allowed and new trial ordered due to s. 10(b) Charter breach regarding right to counsel.
The appellant was convicted of dangerous driving causing bodily harm and assault with a weapon following a road rage incident.
On appeal, he argued his s. 10(b) Charter rights were breached when police failed to provide a second opportunity to consult counsel after informing him of the additional assault charge.
The Court of Appeal agreed, finding the new charge significantly increased his jeopardy and moral blameworthiness.
Applying the Grant framework, the court excluded the appellant's police statement under s. 24(2), allowed the appeal, and ordered a new trial.
A trial judge becomes functus and lacks jurisdiction to award Charter costs after a Crown-directed stay.
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.
