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.
The Canadian Press