Can a stay of proceedings be stayed of proceedings?
Alberta, Canada
The following excerpt is from R. v. Sparrow, 2006 ABQB 284 (CanLII):
The Appellant’s suggestion that he is entitled to a stay of proceedings cannot be seriously entertained. It is abundantly clear that a stay of proceedings is only appropriate in the clearest of cases. It is appropriate where the prejudice to an individual’s right to make full answer and defence cannot be remedied or where irreparable prejudice would be caused to the integrity of the judicial system if this conviction were allowed to stand. (See Regina v. O’Connor 1995 CanLII 51 (SCC), [1995] 4 S.C.R. 411 at paragraph 82).
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