Is a stay of proceedings a discretionary remedy?
Yukon, Canada
The following excerpt is from R. v. Unterschute, 2004 YKSC 7 (CanLII):
Finally, it is well established that a stay of proceedings is a discretionary remedy. As stated in Elsom v. Elsom, 1989 CanLII 100 (SCC), [1989] 1 S.C.R. 1367, at p. 1375: … [An] appellate court will be justified in interfering in a trial judge’s exercise of his discretion only if the trial judge misdirects himself or if his decision is so clearly wrong as to amount to an injustice.
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