The applicant sought a stay of proceedings for a retrial on charges of sexual assault and sexual interference against his stepdaughter, alleging that he was unlawfully overhold in custody for approximately sixteen hours after the Court of Appeal issued an order for his release.
The applicant argued that multiple Charter rights were breached, including rights under sections 7, 9, 10(a), and 11(e) of the Canadian Charter of Rights and Freedoms.
The Crown opposed the stay, characterizing the overhold as an inadvertent or technical breach for which alternative remedies were available.
The court dismissed the application for a stay, finding that while the conduct was offensive and systemic problems existed in the correctional system's procedures, the circumstances did not warrant the drastic remedy of a stay of proceedings.