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OTTAWA — An Alberta man accused of domestic violence will not face trial after the Supreme Court of Canada found he experienced undue delay in seeing a judge after his arrest.
Following a hearing Tuesday, the high court unanimously allowed Ryan Curtis Reilly’s appeal and restored a stay in his case.
Reilly was arrested on an April morning in 2017, but did not appear before a justice for a bail hearing until late evening the next day.
The Crown acknowledged Reilly was held longer than 24 hours before seeing a judge, contrary to the Criminal Code and in violation of his charter rights.
As a result, a provincial court judge issued a stay of proceedings.
However, Alberta’s Court of Appeal set aside the stay and ordered Reilly to stand trial, prompting his appeal to the Supreme Court.
This report by The Canadian Press was first published Oct. 13, 2020.
The Canadian Press