June 13th, 2019

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

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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.

December 29th, 2017

R v Girou 2017 Court Of Appeal (Edmonton) – Judicial Stay For Lost Evidence Overturned

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Crown appeal of judicial stay of proceedings in sexual assault case. Audio recording of complainant’s statement to the RCMP was inadvertently lost. After preliminary inquiry but before trial, defence made application for a stay based on this acknowledged s 7 violation. Trial judge found that the breach caused prejudice to the degree that a stay … Read More.