Cheryl Gzik

The accused, charged with abduction and attempted abduction of two children, brought pre-trial motions to exclude oral and video statements made to police, as well as evidence seized from his apartment pursuant to search warrants.

The court found the statements were voluntary and not obtained in breach of the Charter.

However, the court found that a second search warrant, which authorized the seizure of items previously denied by a Justice of the Peace in a first warrant application, violated s. 8 of the Charter.

The court excluded the items not authorized by the first warrant under s. 24(2).

The accused was charged with first-degree murder and faced three previous trials.

The first trial resulted in a conviction that was overturned on appeal due to a Charter breach.

The second and third trials resulted in hung juries.

The accused brought an application for a stay of proceedings to prevent a fourth trial.

The court considered factors including the length of time elapsed, the time the accused spent in custody, the strength of the Crown's case, and the presumption of innocence.

The court concluded that requiring a fourth trial would stretch the community's sense of fair play and decency beyond the breaking point, constituting an abuse of process under section 7 of the Charter.

A stay of proceedings was granted.