Noelle Sagher

The accused pleaded guilty to robbery with a firearm and possession of a loaded prohibited firearm.

Prior to sentencing, he brought a Charter application seeking a stay of proceedings due to his treatment while in pre-trial custody at the Maplehurst Correctional Complex.

During an Institutional Crisis Intervention Team (ICIT) deployment, the accused was subjected to pepper spray, physical abuse, and degrading conditions, including being left in wet boxer shorts in a cold cell for days.

The Crown conceded breaches of ss. 7, 8, and 12 of the Charter.

The court found the state conduct to be egregious, retributive, and a profound affront to the integrity of the justice system.

Applying the Babos test, the court concluded that a sentence reduction was insufficient to dissociate the justice system from the misconduct and granted a stay of proceedings.

The applicant, charged with drug and firearm offences following a robbery investigation, brought a Charter application alleging his s. 8 rights were breached by a police search of a residence.

The court found the Information to Obtain (ITO) the search warrant lacked a sufficient evidentiary nexus connecting the applicant to the searched premises.

Consequently, the search violated the applicant's s. 8 rights.

Applying the Grant framework under s. 24(2), the court concluded that the serious nature of the Charter-infringing conduct and the high expectation of privacy in a residence outweighed society's interest in adjudicating the case on its merits.

The evidence seized during the search was excluded.