Riccardo Bellusci, et al. v. Her Majesty the Queen, et al. (February 16, 2012)
Case # 34054
Mr. Bellusci, an inmate, was charged with assaulting a correctional officer and using violence against a justice system participant. Mr. Bellusci claimed that the officer had roughed him up, but the officer alleged that Mr. Bellusci had injured him by violently pushing the cell door. Mr. Bellusci applied for a stay of proceedings on the ground that he had been assaulted by the officer and the trial judge acquitted him of the two counts of assault. The trial judge found that Mr. Bellusci’s fundamental rights had therefore been violated and that a stay of proceedings was the only appropriate remedy. The Court of Appeal allowed the appeal in part and set aside the order granting a stay of proceedings. The Court of Appeal remitted the matter to the trial judge so the trial could continue on the offence of using violence against a justice system participant.