The respondent was charged with offences under the Ontario Water Resources Act.
At his second trial, the trial judge stayed the proceedings and awarded costs against the Crown, finding that the Crown had engaged in egregious prosecutorial misconduct amounting to an abuse of process and a breach of section 7 of the Charter.
The summary conviction appeal court upheld this decision.
The Crown appealed to the Court of Appeal.
The Court of Appeal allowed the appeal, set aside the stay and costs award, and ordered a new trial, finding that the trial judge's conclusion of prosecutorial misconduct was tainted by palpable and overriding error and that many of the Crown's actions were sanctioned by court order.
