Sheila Joan Cressman

The applicant sought a stay of his convictions for armed robbery with a firearm and forcible confinement, arguing that police assaulted him during post‑arrest questioning in violation of ss. 7 and 12 of the Canadian Charter of Rights and Freedoms.

The Crown conceded that excessive force had been used by police officers during the interviews.

The court accepted that the assaults occurred but found the injuries were not serious, did not produce lasting harm, and had no impact on the fairness of the trial or the reliability of the verdict.

Applying the principles governing abuse of process and stays of proceedings, the court held that the stringent threshold for a stay was not met.

The appropriate remedy was instead a reduction in the sentence otherwise fit.