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Stay of Proceedings

Section 24(1) of the Charter vests in trial judges broad discretion in granting “such remedy as the court considers appropriate and just in the circumstances”. It is well established that remedies granted by trial judges under s. 24(1) should be disturbed on appeal only where trial judges misdirect themselves or their decision is so clearly wrong as to amount to an injustice. Absent an error of law or reviewable finding of fact, appellate courts must defer to the broad discretion vested in trial judges by s. 24(1) of the Charter.

A court of appeal, upon setting aside a stay of proceedings, may in appropriate circumstances remit the matter to the trial court for continuation of the trial, pursuant to ss. 686(4) and 686(8) of the Criminal Code. In allowing an appeal and setting aside an acquittal or a stay of proceedings, the court exercises a power under s. 686(4). An appellate court need not order a new trial or enter a verdict of guilty in order to trigger the application of s. 686(8), which depends only on the exercise of any of the powers conferred by s. 686(4).

Source: R. v. Bellusci 2012 SCC 44

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