Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal law — Stay of proceedings — Powers of Court of Appeal — Trial judge allowing motion for stay of proceedings — Court of Appeal setting aside order granting stay of proceedings and remitting matter to trial judge so trial could continue — Whether Court of Appeal erred in law in ordering that matter be remitted to trial judge so trial could continue even though it had no power to do so — Whether Court of Appeal erred in law in setting aside trial judge’s order granting stay of proceedings.

Mr. Bellusci, an inmate, was charged with assaulting a correctional officer and using violence against a justice system participant. The charges stemmed from an incident that had taken while Mr. Bellusci was being transported. Mr. Bellusci claimed that the officer had roughed him up, but the officer alleged that Mr. Bellusci had injured him by violently pushing the cell door. At trial, Mr. Bellusci applied for a stay of proceedings on the ground that he had been assaulted by the officer. The trial judge acquitted him of the two counts of assault. With regard to the offence of using violence against a justice system participant, the trial judge considered the motion for a stay of proceedings and found that Mr. Bellusci had been roughed up by the officer, that his fundamental rights had therefore been violated and that a stay of proceedings was the only appropriate remedy. The Court of Appeal allowed the appeal in part and set aside the order granting a stay of proceedings. The Court of Appeal remitted the matter to the trial judge so the trial could continue on the offence of using violence against a justice system participant.