On the basis of unlawful detention, can a judge order a stay of execution on the grounds that it was unlawful detention?
Ontario, Canada
The following excerpt is from R. v. Tikaram, 2008 ONCJ 124 (CanLII):
[68] I note that in R v. Thomson [2007] CanLii 44813 (OSC) Justice Gray declined to order a stay on the basis of unlawful detention but noted that the result might have been different if the breach had been shown to have been a routine occurrence or a systemic problem
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