The Court of Appeal for Ontario dismissed the Crown’s appeal from a stay of drug charges entered under section 11(b) of the Charter.
The Crown argued that the trial judge should have deducted 92 days as a discrete exceptional circumstance due to a co-accused’s discharge of counsel.
The Court found no error in the trial judge’s approach or conclusion, holding that the Crown could have proceeded separately against the respondent, as it had with other co-accused.
The stay was upheld.
