In what circumstances will a court order a stay of proceedings against an officer in charge who misperceived the law and held an accused in custody on a charge of impaired driving?

In the case of R v. Shin 2019 ONCJ 162 the court found an accused had been held in custody on a charge of impaired driving because the officer in charge misperceived the law and concluded that accused was not eligible for release under s. 498 of the Code because he was a resident of the United States. This misperception resulted in a failure to consider the relevant provisions of s. 498 by the officer in charge and in the accused’s arbitrary detention. This initial failure to consider the accused’s release in turn resulted in the accused being held in custody for number of days, being strip searched on multiple occasions, receiving an injection from jail staff for tuberculosis and being beaten by a fellow inmate. In a subsequent judgment, (see R v. Shin 2019 ONCJ 297), the court concluded a stay of proceedings was the only appropriate remedy.