R. v. Tran, 2010 ONCA 471, released today, stayed charges, very serious charges, because of police misconduct and a lack of Crown distancing from the misconduct.
The Court writes:
[106] It is essential for the court to distance itself from this kind of state misconduct – an unwarranted, grave assault causing bodily harm, delayed medical attention, a cover up that included perjury, a prosecutorial response that affected the perception of trial fairness and no effective response. Not to do so would be to leave the impression that it tacitly approves of it. The granting of a stay of proceedings affirms the fundamental values of our society and ensures that the rights under the Charter are not, in substance, meaningless.
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