The accused was charged with common assault against his domestic partner.
The complainant recanted her allegations two days after the incident, providing written and oral statements to police that she had fabricated the assault allegations.
Despite this recantation and the Crown's own screening for a non-custodial disposition on guilty plea, the Crown opposed bail and proceeded with prosecution.
The accused was acquitted at trial after the Crown called the complainant, who testified to the fabrication.
The court found the Crown's conduct constituted a marked and substantial departure from reasonable prosecution standards and awarded costs against the Crown for breach of the accused's Charter rights under section 7.
