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Reviews of Investigating Impaired Drivers
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Saturday
Oct312020

CHARGES STAYED DUE TO 35 HOUR DETENTION

A reminder from the Supreme Court of Canada regarding release: R. v. Reilly, 2020 SCC 27. The lower cases have all the details: R. v. Reilly, 2019 ABCA 212 and R. v. Reilly, 2018 ABPC 85, where the trial judge wrote:

Section 503(1) sets out the 24-hour limit that a person may be kept in custody but in my view, this should not be seen as the focus.  In other words, the state should not be satisfied that an individual is released from custody with the 24-hour time period.  This objective should be to have persons released as quickly as possible.