During pre-trial proceedings involving allegations of abuse of process related to police handling of solicitor-client privileged communications intercepted under Part VI wiretap authorizations, the court had ordered production of privileged materials for judicial review under the McClure framework.
The Crown sought a judicial stay rather than comply with the order, asserting that compliance would require disclosure of solicitor-client privileged communications between police and Crown counsel.
The defence agreed to the requested remedy.
Considering the public interest in preserving solicitor-client privilege and the lengthy procedural history of the case, the court exercised its discretion to terminate the prosecution by entering a judicial stay of proceedings.
