The appellant was arrested and detained for longer than 24 hours before being brought before a justice for a bail hearing, in contravention of s. 503(1)(a) of the Criminal Code.
The Crown conceded that the appellant's Charter rights were breached by the detention.
The trial judge found that the extended detention was attributable to a systemic and ongoing problem in the province that was not being satisfactorily addressed, and accordingly stayed the proceedings.
The Court of Appeal set aside the stay on the basis that it was an inappropriate individual remedy for a systemic Charter breach.
The Supreme Court of Canada held that the Court of Appeal had no basis to interfere with the trial judge's exercise of discretion and restored the stay of proceedings.
