Thirty-one accused were arrested during a large-scale police operation arising from a narcotics trafficking investigation.
The appellants sought a stay of proceedings under s. 24(1) of the Charter, alleging that an accumulation of infringements of ss. 8 and 10(b) rights constituted abuse of process in the residual category under s. 7, even where certain accused were not personally victims of any individual infringement.
The Supreme Court held that all accused had standing to seek a stay under s. 24(1) provided the abusive conduct tainted the investigation or proceedings targeting them, but that the trial judge erred in finding s. 10(b) infringements without individualized analysis of each arrest, and further erred in granting a stay without first considering less drastic remedies.
New trials, including new hearings on the stay motions, were ordered for all groups.
