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

O’Bonsawin noted that 2 types of state conduct meet the threshold for establishing abuse of process
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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. A person walks past the Supreme Court of Canada during construction in Ottawa on Monday, Oct. 23, 2023. THE CANADIAN PRESS/Sean Kilpatrick

Several people arrested for drug-related offences must face a new trial because a judge improperly stayed the charges against them, the Supreme Court of Canada has ruled.

The top court’s judgment, released Friday (Jan. 26), also means the accused individuals will have a fresh opportunity to argue the charges should be set aside, in keeping with guidance set out by the court.

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