Oct
10
R. v. Bérubé (Y.J.M.) 2012 BCCA 345
Criminal Law - General principles - Prosecution of crime - Prosecutorial discretion
The British Columbia Provincial Court found that the Crown’s decision to withdraw from a plea agreement and to lay new charges against the accused constituted an abuse of process and thereby violated the accused’s rights under s. 7 of the Charter. As a result, the court directed a judicial stay of proceedings. The Crown appealed, arguing that: (1) the trial judge erred in finding an abuse of process, and (2) even if the Crown’s conduct amounted to an abuse of process, the remedy granted by the judge was not an appropriate one.
The British Columbia Court of Appeal allowed the appeal on both arguments, and ordered a new trial.
