What is the test for adjourning a show cause hearing?

Turning then to a consideration of the matter before this court. No one should have to wait twenty-four days for a show cause hearing. It is simply unacceptable when an individual is held in custody and wants to proceed with his show cause hearing and is unable to do so because of a lack of space. There must be room made by those responsible for the administration of the courts to allow show cause hearings to be dealt with expeditiously. The Criminal Code, specifically section 503, clearly requires it as a statutory structure that has been established. The person arrested must be taken before a Justice of the Peace, as soon as practicable or in any case not later than twenty-four hours after the arrest. Section 516 provides that a Justice of the Peace cannot adjourn the matter of a show cause hearing for a period longer than three days without the consent of the accused. These provisions set out the basic structure for show cause hearings and indeed express the need for expedience in dealing with this fundamental liberty issue. As Justice Nordheimer expressed in Regina v. Brown [2007] O.JU. No. 2830 (S.C.J.) at paragraph 9: “I begin my analysis of these applications by pointing out that the clear spirit and intent of these two sections of the Criminal Code is to ensure that a person who is arrested has the ability, at the earliest possible opportunity, to have a judicial officer review their detention and determine if the continuation of that detention is warranted. There can be no debate that any person who is arrested is entitled to prompt and early determination as to the legitimacy and necessity of their detention. This is normally accomplished through a formal bail hearing.”