In what circumstances will a judge grant a stay of proceedings against an accused who was detained in the Vancouver Jail for over two hours?
British Columbia, Canada
The following excerpt is from R. v. Drury et al., 2004 BCPC 188 (CanLII):
In an earlier decision, Regina v. Lau 2003 BCPC 294, Bruce, P.C.J. allowed the accused's application for a stay of the proceedings against her based on her having been confined in the Vancouver Jail for some twenty-six hours before her eventual release pursuant to the order of a justice. Bruce, P.C.J. held that this was an arbitrary detention. There was no satisfactory explanation for this long delay, which appears to have been due in large part to a misreading of s. 503(1)(a) of the Criminal Code: (a) where a justice is available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period.... [My emphasis]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
In what circumstances will a judge refuse to hear an application to review an order made by the issuing judge? (British Columbia, Canada)
In what circumstances will a court allow a chambers judge to proceed with a summary trial under Rule 18A of the Rules of Civil Procedure? (British Columbia, Canada)
In what circumstances will an application to certify an action as a class proceeding be granted? (British Columbia, Canada)
In what circumstances will a chambers judge grant a public interest immunity claim without listing the relevant documents? (British Columbia, Canada)
Does a de novo hearing for an application for an IPO proceed before the same judge who granted the ex-parte order? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
Does a judge have jurisdiction to grant a conditional stay of proceedings pending the appointment of legal counsel? (British Columbia, Canada)
In what circumstances will a judge grant special costs in a personal injury case where she found that relevant records were not disclosed at a very early stage of the litigation? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
