The accused was charged with trafficking in a narcotic after selling marijuana to an undercover police officer, allegedly due to entrapment by a police informer.
The jury found unlawful entrapment, and the trial judge directed a stay of proceedings.
The Crown appealed, but the Court of Appeal dismissed the appeal for want of jurisdiction, holding a stay was not an acquittal.
The Supreme Court of Canada allowed the Crown's appeal, holding that a trial judge has residual discretion to stay proceedings for abuse of process in the clearest of cases, and that such a stay is tantamount to a judgment or verdict of acquittal, thereby giving the Crown a right of appeal under s. 605(1)(a) of the Criminal Code.