R. v. Bellusci (R.) 2012 SCC 44
Civil Rights - Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Appeals (incl. standard of review)
A prisoner was found to have intimidated a justice system participant, but the trial judge stayed the intimidation charge because the prisoner’s s. 7 Charter rights had been violated. The Crown appealed.
The Quebec Court of Appeal allowed the appeal, quashed the stay and remitted the matter for continuation of the trial. The prisoner appealed.
The Supreme Court of Canada allowed the appeal and restored the stay of proceedings entered by the trial judge.