How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Copperlaw Your Own Question
Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2012
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
38596469
Type Your Canada Law Question Here...
Copperlaw is online now
A new question is answered every 9 seconds

I sat on remand months and have really bad anxiety and also

Customer Question

i sat on remand for 9 months and have really bad anxiety and also my charges were stayed can i get compenstaion for this
Submitted: 9 months ago.
Category: Canada Law
Expert:  Copperlaw replied 9 months ago.

This would not attract a civil damages award unless it could be proven that there was malicious prosecution or there was negligence in the police investigation which led to the charges being laid.

The Tort of Negligent Investigation is recognized in the courts, so if the police were negligent, they could be made to pay. If there was also no merit in the case however the Crown maliciously persisted with the prosecution where it was not appropriate, then the Crown could be made to pay damages. In large part, it depends upon the reasons for the stay.

If they were stayed for delay or some technical reason, then this doesn't mean that the charges were not proper so there would be no justification for damages to be awarded. In fact, as I indicated, the only possible way you could have any chance of a claim is if the charges were stayed because the court found them to be so patently unreasonable or they found the police to be negligent.

Jim

Related Canada Law Questions