‘Systemic’ issues with bail process spurred judge to stay assault charges

PAIGE PARSONS

An Edmonton judge criticized the province for its “willingness to trample on Charter rights” by its widespread failure to provide timely access to bail hearings, according to reasons for a decision filed Thursday.

Provincial court Judge Renée Cochard expanded on her March ruling from the bench to stay charges against a man accused of domestic assault who was held for 36 hours before being allowed to speak to bail.

Ryan Reilly was arrested by Edmonton police April 4, 2017, and charged with aggravated assault, unlawful confinement, assault, mischief and failure to comply with a probation order. When he did get a bail hearing, he was released.

Reilly’s case is indicative of “systemic” problems that have emerged since the implementation of a new first-appearance bail system, Cochard stated. Changes implemented beginning in 2016 mean hearings are held for fewer hours per day, and Crown lawyers have replaced police officers, who previously acted as prosecutors at the hearings in front of justices of the peace.

The changes were the result of a review of the province’s bail system prompted by the fatal shooting of a St. Albert RCMP officer in 2015 by a man who was out on bail despite having a number of outstanding charges.

Cochard said during the Charter application made by Reilly’s lawyer, court heard Edmonton police expressed concerns early on that the new bail system would cause more “over-holding,” and that the problem was discussed repeatedly with bail program stakeholders.

“The state has been aware of the ongoing problem and little if anything has been done to address the issue,” Cochard wrote. “Knowing that there is a problem is one thing, addressing it quite another. The state has abrogated its duty to its citizens.”

According to Cochard’s decision, people under arrest in Edmonton and northern RCMP detachments are held past the Charter time limit more often than in other Alberta jurisdictions.

The judge said 13 per cent of people arrested in Edmonton are being held past the allowable time limit and are having their rights violated.

The complainant in the case also spoke about her frustrations with the delays that led to the stay.

Cochard also criticized the province’s decision to not fund Legal Aid lawyers to act as duty counsel during first-appearance bail hearings, despite that being a recommendation in the same report that prompted the switch to using prosecutors instead of police.

The province announced Wednesday it will fund Legal Aid lawyers for people at bail hearings.