The applicant sought certiorari to quash an order of the Ontario Court of Justice compelling his attendance for a show cause hearing regarding a common law peace bond.
The Crown had previously directed a stay of proceedings on all drug trafficking charges against the applicant pursuant to section 579 of the Criminal Code.
The Superior Court of Justice held that the entry of a section 579 stay completely extinguishes the court's jurisdiction over the accused, precluding any residual common law power to impose a peace bond.
The application was granted and the lower court's order was quashed.