The accused, T.B., applied for a stay of serious criminal charges, alleging a breach of their s. 7 Charter right to security of the person due to state action.
The court found that police deliberately breached T.B.'s confidential informant privilege by showing a recorded interview, where T.B. implicated other criminals, to a criminal associate (Mr./Ms. X).
This disclosure led to T.B. being severely assaulted in jail.
The court determined this police conduct constituted an abuse of process, offensive to societal notions of fair play and decency, and that no lesser remedy could adequately dissociate the justice system from the egregious conduct.
Consequently, a stay of all proceedings against T.B. was granted.
