June 13th, 2019

Bail Delay Over 24 Hours Should Not Have Resulted In Stay Of Charge – R v Reilly, 2019 Alberta Court Of Appeal

Law Updates Tags: , ,

Crown appealed a stay of charges of assault causing bodily harm, unlawful confinement, assault, mischief, and failure to comply with probation order arising in a domestic context. The stay was granted under s. 24(1) due to systemic problems within the bail system in Alberta, which resulted in the accused being held for longer than 24 … Read More.

January 16th, 2019

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

Law Updates Tags: , ,

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 … Read More.