The applicant was charged with two counts of child luring contrary to section 172.1(2) of the Criminal Code and one count of communicating for the purpose of obtaining sexual services for consideration from a person believed to be under 18 contrary to section 286.1(2).
Following the Crown's case, the applicant applied for a stay of proceedings alleging a breach of his right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms, alternatively seeking exclusion of his statement to police.
The applicant argued that police misconduct in allowing him to remain in urine-stained clothing for 15 hours constituted conduct so offensive to societal notions of fairness and decency as to warrant a stay.
The court dismissed the application, finding no breach of section 7 and that the police conduct, while not demonstrating ideal courtesy, fell considerably short of the threshold required to establish a Charter violation.
