Judge sides with Montsion defence, allows charter application to proceed

Prosecutors in Const. Daniel Montsion’s manslaughter and assault trial forged ahead with further testimony Tuesday after the judge ruled in favour of hearing the defence’s charter application to stay charges or exclude key evidence and witness testimony.
Ontario Court Justice Robert Kelly dismissed a counter motion from the Crown, which had sought to quash the defence application. The judge ruled the defence “has identified a basis in fact and law on which its proposed charter