A stay of criminal proceedings is justified only in the “clearest of cases” where no other remedy is available

R. v. P.A., 2011 ONCA 673 is a good current source for the principle that a stay is only available in criminal (and quasi-criminal) cases in the clearest of cases. Stays for, say, minor police misconduct are not appropriate:


[11]         However, we are also not satisfied that the extraordinary remedy of a stay is appropriate in this case.  A stay of criminal proceedings is justified only in the "clearest of cases" where no other remedy is available: see R. v. Jewitt, [1985] 2 S.C.R. 128, at pp. 136-137; R. v. O'Connor, [1995] 4 S.C.R. 411, at para. 82.  This exacting threshold for a stay is not made out in this case, particularly as another suitable remedy is available.