The defendant corporation brought a motion for a stay of proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms, alleging a breach of section 11(d) rights based on an alleged promise by a Ministry of Labour inspector not to prosecute.
The defendant claimed the inspector's assurance, followed by the laying of charges under the Occupational Health and Safety Act, constituted an abuse of process.
The court found that the defendant failed to establish a clear agreement or deal with the inspector, that the inspector's conduct did not rise to the level of abuse of process, and that no Charter breach occurred.
The motion was dismissed in its entirety.
