Supreme Court endorses high threshold to dismiss abuse of process applications

In Rights by poladmin

On April 28, 2023, the Supreme Court of Canada released its decision in R. v. Haevischer, 2023 SCC 11. In Haevischer, two people charged with criminal offences applied for a stay of proceedings for abuse of process. This is when a judge orders a prosecution to end because the state has compromised the right to a fair trial and undermined the integrity of the justice system. The trial judge rejected Mr. Johnson and Mr. Haevischer’s stay application without hearing full arguments and evidence (a summary dismissal). The CCLA argued the threshold for summary dismissal in a

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