‘My voice has been stolen’

Complainant alleging domestic violence devastated after judge stays man’s charges

The complainant in an alleged domestic violence case that was stayed because the accused was denied timely access to bail says she feels her own rights have been violated.

Pamela Hamilton said she is angry and frustrated by provincial court Judge Renee Cochard’s decision to stay several charges against her ex-partner Ryan Reilly.

“I have a lot of questions that aren’t answered, and I don’t feel like I have anywhere to turn,” Hamilton said in March. “I don’t even know who to be angry at.”

Reilly, 36, was arrested on April 4, 2017, and charged with aggravated assault, unlawful confinement, assault, mischief and failure to comply with a probation order.

According to court records, Hamilton was the complainant in the attack alleged to have occurred on March 31, 2017.

Court heard Reilly was held in a cell in an Edmonton police station with two or three other people for 36 hours before being allowed to speak to bail.

Cochard agreed to stay the charges before the case could go to trial after finding Reilly’s right to a bail hearing within 24 hours was breached, accepting the defence application and rejecting the Crown’s proposal for a sentence reduction should he be convicted.

Court heard that over the course of one year following changes to the province’s bail system, hundreds of people a month were held past the 24-hour time limit.

Hamilton said she thinks there needs to be immediate change to protect both accused people and victims. And she said she doesn’t fault Reilly’s defence lawyer for making the Charter argument.

“She did her job. I can’t contest that. I can’t contest that his Charter rights weren’t breached, they were. But where are my rights?” Hamilton said.

Since the stay, she said she feels like she walked into “a nightmare” and wonders about the repercussions the decision may have on other people’s willingness to report domestic violence.

“You can stay the charges, but it doesn’t make things go away.”

She said people directly involved in the case — the police detectives and a social worker, as well as the Crown prosecutor — were all supportive and worked hard, but she thinks those who hold power in the province — including judges, Justice Minister Kathleen Ganley and Edmonton police Chief Rod Knecht — ought to be accountable for the systematic problems.

“It is a justice system. It’s made to be fair, but this is unfair. This was completely unfair.”

JUSTICE SYSTEM RESPONSE

Alberta Justice previously said it’s already working on solutions to speed up access to bail, while Edmonton police spokeswoman Cheryl Voordenhout said in an email Tuesday that police have no specific plans for changes beyond assisting Alberta Justice with its changes. However, she said more is being done to educate officers about taking the 24-hour timeline into consideration when making arrest plans.

Asked about the case, a spokesperson for Justice Minister Kathleen Ganley said she wasn’t available to comment.

Reilly faces another set of charges in which Hamilton is named as a complainant, including obstruction of justice through a witness, harassment, as well as four charges related to breaching conditions of release and one count of failing to comply with a probation order. He is scheduled for a trial on those matters in October.