The applicants, Ajitpal Gill and Gurvinder Kang, brought a Charter application seeking a stay of proceedings based on alleged infringements of their rights under Sections 7, 9, and 12.
They claimed excessive force by police during arrest and a breach of their right to be brought before a justice within 24 hours as per Section 503 of the Criminal Code.
The court found that while some police conduct was unprofessional, it did not amount to a substantial interference with the applicants' physical and psychological integrity, especially given the serious and dangerous circumstances preceding the arrest.
Regarding the 24-hour rule breach, the Crown conceded the breach, but the court found it to be technical and inconsequential, causing no actual prejudice.
The application for a stay of proceedings was dismissed.
