The applicant, charged with impaired and dangerous operation causing death and bodily harm following a boating accident, sought a stay of proceedings alleging abuse of process.
The Crown had preferred a direct indictment after a preliminary inquiry had been scheduled.
The applicant argued this was done for an oblique motive to deprive him of discovery.
The court dismissed the application, finding the applicant failed to meet the notoriously high evidentiary threshold required to displace the presumption that the Crown exercised its core prosecutorial discretion in good faith.
