What is the test for a learned justice of the peace to stay a motion to prevent abuse of process?

The learned justice of the peace then addressed the issue of abuse of process. She cited O’Connor v. The Queen, [1885] 4 S.C.R. 411, (1995), 1995 CanLII 51 (SCC), 103 C.C.C. (3d) 1 (S.C.C.) for the proposition that a trial court has the power to stay proceedings to prevent abuse of process through oppressive or vexatious proceedings where compelling an accused to stand trial would violate those principles of fundamental justice which underlie the community’s sense of fair play and decency. Her conclusion was that the pre-trial process had no element of coercion. As a result, she concluded that the character of the proceeding was neither vexatious nor oppressive and found no abuse of process.