This case involves a criminal trial where the accused, Dwight Whittaker, faced charges related to offences against peace officers.
The Crown proceeded by summary conviction.
During the trial, a Charter motion was heard seeking a stay of proceedings under s. 24(1) of the Canadian Charter of Rights and Freedoms, alleging violations of the accused's s. 7 and 12 rights.
The court found that while the accused was guilty of the charges arising from the courtroom incident, the conduct of a court officer, Officer Dicks, in the holding cells prior to the courtroom incident was unlawful and egregious, constituting clear violations of the accused's s. 7 rights.
Specifically, Officer Dicks used excessive force, including punching the accused and standing on him, which was deemed humiliating and unlawful.
Considering the egregious nature of the Charter violations and the racial context (Black accused, White officer), the court found that a stay of proceedings was the only appropriate remedy to distance the administration of justice from such conduct.
All charges were stayed.
