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Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2016
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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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: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year 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.


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