Corey Burroughs, accused of armed robbery, sought a stay of proceedings or, alternatively, the exclusion of evidence, alleging multiple Charter violations and abuse of process by police.
The court found that the police had reasonable grounds for arrest and did not violate the accused's right to counsel or improperly seize his vehicle.
However, the court determined that the police deliberately violated the accused's right to be brought before a justice of the peace without undue delay, as required by section 503 of the Criminal Code, constituting an abuse of process.
Applying the R. v. Babos test, the court found the police conduct shocking to societal fairness and decency, thus impacting the integrity of the justice system.
Despite this, considering the serious nature of the charges (armed robbery, kidnapping, use of firearms), the societal interest in a trial on the merits, and improvements in the judicial system since the incident, the court concluded that a stay of proceedings was not warranted.
The motion was dismissed.
