The Court of Appeal of Alberta today released the decision of R v Ryan Reilly, which overturned a decision staying the proceedings against Mr. Reilly after he was held for 35 hours before seeing a Justice of the Peace for bail. The Criminal Code clearly requires the authorities to ensure an arrested person sees a Justice of the Peace within 24 hours at the latest. Will van Engen of Bottos Law was interviewed by CBC News and provided important commentary on the issue in an exclusive article:
“I was hoping to see the stay upheld,” van Engen said. “I think the language was clear they thought this was an issue, but in doing so, they declined to issue any meaningful remedy.”
“So it’s all talk, but it doesn’t do anything for someone whose rights have been violated,” he said.
“This has to stop. Other provinces seem to be able to manage getting people through the system in less than 24-hours and without unreasonable delay. Yet Alberta seems unable to do it at this point.”