The accused, charged with importing heroin, applied for a stay of proceedings under s. 24(1) of the Charter, alleging breaches of his s. 7 rights while in pre-trial custody.
The court found that the correctional facility failed to provide adequate medical care for a severe foot fracture, resulting in permanent injury, and unlawfully placed the accused in administrative segregation for 79 days without proper justification or review.
Concluding that the state's conduct was egregious and offensive to societal notions of fair play and decency, the court held that this was one of the clearest of cases where a stay of proceedings was warranted to protect the integrity of the justice system.
