R. v. McCready

R. v. McCready

The court found that the police delivered an excessive, disproportionate and unnecessary groin/testicle strike to a handcuffed detainee, breaching the accused's Charter s.12 (and s.7) rights; there was no breach of s.10(b); given the seriousness of the breach, its relation to incriminating evidence and the integrity harms, a stay of proceedings under s.24(1) was warranted and convictions were not entered.

Citation
2020 NSPC 41
Parties
Crown: HER MAJESTY THE QUEEN; Accused: JASON FRANCIS MCCREADY
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 September 2020
Procedural Posture
Criminal / Blended Trial and Charter Hearing — Decision Rendered
Outcome
Stay of proceedings entered on all charges for which findings of guilt were made; convictions not entered
Legal Topics
Impaired Driving, Refusal to Provide Breath Sample, Right to Counsel (s.10(b)), Cruel and Unusual Treatment (s.12), Use of Force, Stay of Proceedings (s.24(1))
Source Language
English
Criminal Law Constitutional Law Police Conduct Impaired Driving Refusal to Provide Breath Sample Right to Counsel (s.10(b)) Cruel and Unusual Treatment (s.12) Use of Force +1 more

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Parties

HER MAJESTY THE QUEEN

Crown

JASON FRANCIS MCCREADY

Accused

Procedural Posture

Criminal / Blended Trial and Charter Hearing — Decision Rendered

Legal Issues

  1. 1 Whether police breached Charter s.12 (and s.7) by using excessive force (groin/testicle strike) on a handcuffed detainee
  2. 2 Whether police breached s.10(b) right to counsel
  3. 3 Whether accused committed offences: refusal to provide breath sample, resisting arrest, uttering threats, impaired driving, assault on peace officer

Ratio Decidendi

The court found that the police delivered an excessive, disproportionate and unnecessary groin/testicle strike to a handcuffed detainee, breaching the accused's Charter s.12 (and s.7) rights; there was no breach of s.10(b); given the seriousness of the breach, its relation to incriminating evidence and the integrity harms, a stay of proceedings under s.24(1) was warranted and convictions were not entered.

Court Disposition

Stay of proceedings entered on all charges for which findings of guilt were made; convictions not entered

Orders

  • Stay of proceedings pursuant to s.24(1) of the Canadian Charter of Rights and Freedoms on all charges for which the court made findings of guilt
  • No convictions entered on those charges