The appellant sought a stay of proceedings on the basis of alleged unreasonable delay under s. 11(b) of the Charter, raising foundational questions about which criminal courts may grant remedies under s. 24(1).
The Supreme Court held, by majority, that a preliminary inquiry judge is not a court of competent jurisdiction to grant Charter remedies because that tribunal's authority is confined by the Criminal Code and does not include the remedial powers sought.
The Court further held that Charter remedies in criminal matters must generally fit within the existing procedural structure of the criminal process, with superior courts retaining jurisdiction in appropriate circumstances and appeals remaining governed by statutory routes.
The appeal was dismissed, although strong dissents would have found a s. 11(b) breach and stayed the proceedings.
