Application for stay of proceedings on the basis of Charter violations resulting from over-holding. Accused was arrested on domestic violence related charges and held in police custody for 36 hours before a bail hearing, at which he was ultimately granted release. Crown conceded ss 7, 9, and 11(e) violations. Issue of whether breaches warranted judicial stay.

Held: Stay granted.

Evidence on the application demonstrated a “systemic and ongoing problem” of over-holding since the advent of the new Crown Bail project. Exponential increase in 24-hour violations is “indicative of a widespread systemic problem not being addressed. It is also indicative of an unacceptable willingness to trample on Charter rights and provisions set out in the Criminal Code.” State was aware of these issues and did “little if anything” to address these concerns. ‘Clearest of cases’ standard met.

D. Hatch – Defence Counsel