The accused brought an application for a stay of proceedings under s. 24(1) of the Charter, or alternatively, the exclusion of further evidence under s. 24(2), following a previous finding that police had manipulated the crime scene during the execution of a search warrant.
The court applied the Babos test for abuse of process and concluded that while the police conduct was offensive, a stay was not warranted as a fair trial was still possible and the prior exclusion of evidence adequately dissociated the justice system from the misconduct.
The court also declined to allow the accused to re-litigate the s. 24(2) issue.
