Breach of probation – stay of proceedings
A client of our firm was charged with two breaches of probation under Section 733.1 of the Criminal Code.
The offences dated back a few years.
On March 31st, 2015, police officers in British Columbia executed an arrest warrant related to another case in which our client was the subject of a warrant and our client was arrested and detained at the courthouse in Penticton, BC.
At that time, it appeared that the British Columbia police had not executed this arrest warrant in relation to the breach of probation charges in the District of Québec.
It wasn’t until February 2016 that our client was arrested at his home for the breach of probation charges.
The defence set the case for trial and a motion under Paragraphs 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms was presented to the court.
After examining our motion, the Crown decided to announce that they were dropping their charges and our client was granted an acquittal.
Our motion was based on a new decision by the Supreme Court, which we recently discussed in our blog.
Click here to view the article.