Thursday, March 13, 2014

Appeal or cert from Charter based stay under POA

R. v. Courtice Auto Wreckers Limited, 2014 ONCA 189 says appeal:

[1]          The single issue under appeal is the proper route to be taken by the Crown when it seeks to set aside a decision by a trial court to stay a proceeding commenced under the Provincial Offences Act, R.S.O. 1990, c. P.33 (the "Act"),as a remedy under the Canadian Charter of Rights and Freedoms (the "Charter").

[2]          May the Crown appeal such a stay under s. 116(1)(b) of the Act, or must the Crown resort to certiorari? For the reasons that follow, I have concluded that an appeal is the proper route to follow.

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