The CCLA is at the Supreme Court of Canada today arguing that courts should not be too quick to summarily dismiss Charter claims – and in particular those that allege abuse of process during a criminal investigation or trial.
Abuse of process claims cover a lot of ground. Entrapped by police? Abuse of process. Forcibly abducted in a foreign country by the Canadian government? Abuse of process. Crown threatened to lay additional charges if you didn’t take a guilty plea? That can be abuse of process too. And one of the main remedies individuals seek after these
