R. v. Stout, 2018 Edmonton Provincial Court – No Judicial Stay For 29.5 Hr. Overhold For Bail

Application by four accused for a stay of proceedings on the basis of Charter breaches resulting from over-holding. Accused were arrested and held in police custody for 29.5 hours before being brought before a JP for a bail hearing.

Held: No ss. 7, 9 or 11(e) breaches.

Reilly, 2018 ABPC 85 distinguished. “Counsel for the applicants argue that subsections (a) and (b) [of section 503(1) CC] … lead to the conclusion that 24 hours is the outside ceiling of time that a detainee can be held by police. I disagree…. Where a justice is available within 24 hours, the detainee must be presented ‘without unreasonable delay’ and where a justice is not available, within 24 hours, the detainees must be presented ‘as soon as possible’. Here, in the first 20 hours of detention, the bail office was open, and police worked without unreasonable delay. After 20 hours the bail office closed (at midnight), so the parameter shifted to “as soon as possible”, a standard that was met. Section 503(1) CC was thus complied with, and detention would not have been arbitrary in any event.

S. Purser – Defence Counsel