Richard Mongeau

The respondent was stopped for a traffic violation and subsequently arrested on an outstanding warrant for unpaid fines.

The arresting officers conducted a brief frisk search before placing him in the police cruiser.

The respondent filed informations against the officers for common assault, arguing the search was unlawful.

The Supreme Court of Canada held that at common law, police have the power to conduct a frisk search incident to a lawful arrest without needing reasonable and probable grounds, provided the search is for a valid objective and not conducted in an abusive manner.

The officers' actions were justified, and the acquittals were restored.

The respondent's trial was discontinued due to exceptional publicity from statements made in the National Assembly regarding the defence and a witness's credibility.

Before a new trial date was set, the respondent successfully moved for a stay of proceedings under section 24(1) of the Charter, which was upheld by the Court of Appeal.

The Supreme Court of Canada allowed the Crown's appeal, holding that a stay of proceedings was premature as the possibility of selecting an impartial jury could only be determined at the jury selection stage.