Enhanced credit for pretrial custody proper remedy for pretrial delay

R. v. Rashid 2010 ONCA 591 is an interesting case supporting a remedy other than a stay for excessive pretrial delay. The Court declined to grant leave to appeal and writes:

[2]               Following the finding of guilt, the appellant brought an application pursuant to s. 24(1) of the Charter for a stay of proceedings on the basis that his rights under s. 9 of the Canadian Charter of Rights and Freedoms were violated both by the delay in bringing him before a justice for a bail hearing and because of the operation of a police policy.  That policy was to hold all persons charged with domestic assaults until they attended a bail hearing before a judicial officer.  The fact that the officer would not consider release from custody of persons charged with domestic violence, pursuant to s. 498 of the Criminal Code, was found by the trial judge to be a systemic abdication of legal responsibility by the Durham Regional Police Services.

[3]               The trial judge ruled that the appellant's rights had been violated.  As to remedy, however, the trial judge rejected the appellant's request that a stay be imposed.  Instead, he accepted the appellant's alternate submission and gave the appellant enhanced credit for his 2 days of pre-trial custody on a 4 for 1 basis.  As a result, the appellant was sentenced to 21 days in custody, to be served intermittently, followed by 2 years probation.