In this omnibus Charter application arising from a human trafficking and sexual assault prosecution, the applicants challenged multiple search warrants, production orders, arrests, detentions, right to counsel breaches, delayed bail appearances, alleged racial bias, negligent investigation, and disclosure failures.
The court found several serious Charter breaches, including invalid judicial authorizations relating to one dwelling, one phone, and one production order, unreasonable manner of search at one residence, multiple right to counsel breaches, and unlawful delay in bringing two accused before a justice.
A stay of proceedings was granted to one applicant because cumulative and partly systemic misconduct would further prejudice the integrity of the justice system if the prosecution continued.
Another applicant obtained exclusion of his police statement and cellphone evidence under s. 24(2), while the remaining applications for a stay were dismissed.
