The accused was charged with common assault against his common-law spouse.
The complainant recanted her allegations orally, in writing, and under oath at a bail hearing, stating she had fabricated them.
Despite this, the Crown proceeded to trial without taking steps to evaluate the viability of the prosecution.
At trial, the complainant again testified that the allegations were false.
The Crown invited an acquittal.
The court found that the Crown's decision to proceed violated the accused's section 7 Charter rights by failing to conduct an objective assessment of whether there was a reasonable prospect of conviction.
The court also found the Crown's opposition to bail was not fairly exercised.
An acquittal was entered and costs were awarded against the Crown.