Feb 17, 2021
The allegations against the Applicant were that he had an argument with his intimate partner; alleged he grabbed her by the neck, pushed her, pinned her down, and pushed her back against the stairs. She believed she briefly lost consciousness. As a result of the argument, the complainant had a swollen finger, and red marks on her neck and buttocks. At the time the Applicant was under conditions of probation requiring him to keep the peace (arising from a conviction for uttering threats against another person). The Applicant was arrested on April 4, 2017 at 11:50 a.m. He was not brought before a justice for his bail hearing until April 5, 2017 at 10:59 p.m. The Crown conceded the Applicant had been held for longer than 24 hours before he was taken before a justice contrary to s. 503(1)(a) of the Criminal Code, and this was a breach of his ss. 7, 9 and 11(e) Charter rights. The provincial court judge issued a stay of proceedings. The C.A. set aside the stay of proceedings and ordered the Applicant to stand trial.