R. v. Orr

R. v. Orr

Application for a stay was dismissed because there was no evidence that the justice of the peace failed to comply with s.507 and the presumption of regularity applies; the deficiencies alleged by the accused did not meet the high threshold required to justify a stay under s.24(1).

Citation
2018 BCSC 1626
Parties
Crown: Regina; Accused: Arlen Jeffrey Orr
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2018
Procedural Posture
Criminal / Voir Dire on Application for Stay of Proceedings Under S.24(1) of the Charter
Outcome
Application for stay of proceedings dismissed
Legal Topics
Charter S.7, Charter S.24(1) Stay of Proceedings, Abuse of Process, Arrest Warrants, Criminal Code S.507, Presumption of Regularity
Source Language
English
Criminal Law Constitutional Law Procedural Law Evidence Charter S.7 Charter S.24(1) Stay of Proceedings Abuse of Process Arrest Warrants +2 more

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Parties

Regina

Crown

Arlen Jeffrey Orr

Accused

Procedural Posture

Criminal / Voir Dire on Application for Stay of Proceedings Under S.24(1) of the Charter

Legal Issues

  1. 1 Whether issuance of an unendorsed warrant complied with s.507 Criminal Code
  2. 2 Whether police conduct constituted abuse of process justifying a stay under s.24(1) Charter
  3. 3 Whether there was basis to delay execution of the warrant and to re-arrest the accused

Ratio Decidendi

Application for a stay was dismissed because there was no evidence that the justice of the peace failed to comply with s.507 and the presumption of regularity applies; the deficiencies alleged by the accused did not meet the high threshold required to justify a stay under s.24(1).

Court Disposition

Application for stay of proceedings dismissed

Orders

  • Stay of proceedings dismissed
  • Recommendation that Attorney General review and ensure police record reasons when requesting warrants