The respondent was charged with assaulting a police officer and appeared for a bail hearing before a Justice of the Peace.
During the hearing, the respondent exhibited signs of mental illness and disruptive behaviour.
Without notice to the Crown or hearing submissions, the Justice of the Peace stayed the charge, citing the respondent's mental health and the interests of justice.
The Crown brought an application for certiorari to quash the decision.
The Superior Court of Justice granted the application, finding that the Justice of the Peace lacked jurisdiction to stay the proceedings and breached natural justice by failing to hear from the Crown.
The stay was set aside, and the matter was remitted for a bail hearing before a different judicial officer.
