By Canadian Press

Supreme Court rules judge erred in granting stay in drug cases, orders new trial

Jan 26, 2024 | 9:00 AM

OTTAWA — The Supreme Court of Canada says several people arrested for drug-related offences must face a new trial because a judge improperly stayed the charges against them. 

Eight years ago, more than two dozen people in various parts of Quebec were arrested and charged with offences related to the production and trafficking of narcotics.

The arrests took place in several locations and the accused were divided into four groups for separate hearings. 

Individuals in the first group brought a motion for a stay of proceedings, alleging infringements concerning police searches and their rights to counsel. 

In 2018, the trial judge granted a stay, and the parties subsequently agreed the decision would apply to the accused people in the other three groups. 

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The Court of Appeal set aside these judgments and ordered a new trial, including a fresh hearing on the motion for a stay, prompting the appeal to the Supreme Court.

This report by The Canadian Press was first published Jan. 26, 2024.

The Canadian Press