The Crown appealed an order staying historic sexual offence charges on the basis that the respondent could not make full answer and defence because key potential defence witnesses were dead or unavailable after several decades.
The court reviewed the trial judge's application of the abuse of process and fundamental justice framework under ss. 7, 11(d), and 24(1) of the Charter.
It held that the trial judge properly assessed the affidavit evidence concerning missing Children's Aid Society and foster home personnel and committed no error in law.
The appeal was dismissed and the stay remained in place.
