Assault Charges Stayed for Charter Breach — R. v. D.D.

D.D. was charged with a serious assault against a family member.  Upon his arrest, he alleged that police beat him up. He documented the injuries after he was released on bail.  The police said that he started fighting with the police and that any injuries he received were accidental.  At trial, Misha brought an application to have the charges stayed for police misconduct, a breach of sections 7 and 9 of the Charter.  After Misha’s cross examination of the police officers on the pretrial motion, the judge ruled in D.D.’s favour and stayed the charges against him.