Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38785
Ryan Curtis Reilly v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2021-03-05 | Appeal closed | |
2020-10-30 | Transcript received, 129 pages | |
2020-10-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2020-10-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2020-10-13 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas Allowed |
|
2020-10-13 |
Hearing of the appeal, 2020-10-13, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment rendered |
|
2020-10-13 | Intervener's condensed book, (Book Form) | Association québécoise des avocats et avocates de la défense (AQAAD) |
2020-10-09 | Respondent's condensed book, (Book Form), required: paper copies (rec'd 2020-10-09) | Her Majesty the Queen |
2020-10-08 | Appellant's condensed book, (Book Form), required: proof of service (rec'd 2020-10-13) | Ryan Curtis Reilly |
2020-10-06 | Intervener's condensed book, (Book Form), (Printed version filed on 2020-10-07) | Attorney General of Quebec |
2020-09-30 | Notice of appearance, (Letter Form), David Friesen will appear before the Court on behalf of the intervener (AGO). | Attorney General of Ontario |
2020-09-30 | Notice of appearance, (Letter Form), Jason R. Russell will appear before the Court on behalf of the Respondent (HMTQ). | Her Majesty the Queen |
2020-09-29 | Notice of appearance, (Letter Form), Me Catheryne Bélanger will appear before the Court on behalf of the intervener (PGQ). Me Catheryne Bélanger will present oral argument at the hearing. | Attorney General of Quebec |
2020-09-29 | Notice of appearance, (Letter Form), Boris Bytensky will appear before the Court on behalf of the intervener (CLA). | Criminal Lawyers' Association (Ontario) |
2020-09-22 |
Notice of appearance, (Letter Form), Jonathan Rudin will appear before the Court on behalf of the intervener (ALS). Jonathan Rudin will present oral argument at the hearing. rec'd: amended notice of appearance 2020/09/28 |
Aboriginal Legal Services |
2020-09-15 |
Notice of appearance, (Letter Form), Éric Marcoux will appear before the Court on behalf of the intervener (DPP). Éric Marcoux will present oral argument at the hearing. rec'd: amended notice of appearance 2020/09/28 |
Director of Public Prosecutions |
2020-09-14 |
Notice of appearance, (Letter Form), Me Ariane Gagnon-Rocque will appear before the Court on behalf of the intervener (AQAAD). Me Ariane Gagnon-Rocque will present oral argument at the hearing. rec'd: amended notice of appearance 2020/09/29 |
Association québécoise des avocats et avocates de la défense (AQAAD) |
2020-09-14 |
Notice of appearance, (Letter Form), Deborah Hatch and Michael Bates will appear before the Court on behalf of the Appellant (Reilly). Deborah Hatch and Michael Bates will present oral argument at the hearing. rec'd: amended notice of appearance 2020/09/29 |
Ryan Curtis Reilly |
2020-09-10 |
Notice of appearance, (Letter Form), Daniel J. Song will appear before the Court on behalf of the intervener (CTLA). Daniel J. Song will present oral argument at the hearing. rec'd: amended notice of appearance 2020/09/28 |
Criminal Trial Lawyers' Association |
2020-09-02 | Notice of hearing sent to parties | |
2020-08-31 | Order on motion to adduce new evidence, by CÔTÉ J. | |
2020-08-31 |
Decision on motion to adduce new evidence, Côt, UPON APPLICATION by the respondent for an order to adduce new evidence; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed without costs. Dismissed, without costs |
|
2020-08-31 | Submission of motion to adduce new evidence, Côt | |
2020-08-25 | Intervener's factum, (Book Form), Completed on: 2020-08-26, (Printed version filed on 2020-09-03) | Association québécoise des avocats et avocates de la défense (AQAAD) |
2020-08-25 | Intervener's factum, (Book Form), Completed on: 2020-08-25, (Printed version filed on 2020-08-25) | Attorney General of Quebec |
2020-08-25 |
Appeal hearing scheduled, 2020-10-13 Judgment rendered |
|
2020-08-24 | Intervener's book of authorities, (Book Form), Completed on: 2020-08-24 | Director of Public Prosecutions |
2020-08-24 | Intervener's factum, (Book Form), Completed on: 2020-08-24, (Printed version filed on 2020-09-03) | Director of Public Prosecutions |
2020-08-21 | Intervener's book of authorities, (Book Form), Completed on: 2020-08-21 | Attorney General of Ontario |
2020-08-21 | Intervener's factum, (Book Form), Completed on: 2020-08-21, (Printed version filed on 2020-08-31) | Attorney General of Ontario |
2020-08-17 | Correspondence received from, (Letter Form), Émie Gauthier. The Attorney General of Quebec will not be filing a response to the motion to adduce new evidence., (Printed version due on 2020-08-24) | Attorney General of Quebec |
2020-08-13 | Reply to motion to adduce new evidence, (Letter Form), Completed on: 2020-08-13, (Printed version due on 2020-08-20) | Her Majesty the Queen |
2020-08-11 |
Response to the motion to adduce new evidence, (Letter Form), MISSING: proof of service (received 2020-08-13), Completed on: 2020-08-11, (Printed version due on 2020-08-18) |
Ryan Curtis Reilly |
2020-07-21 | Intervener's factum, (Book Form), Completed on: 2020-07-21 | Criminal Trial Lawyers' Association |
2020-07-21 | Intervener's book of authorities, (Book Form), Completed on: 2020-07-21 | Criminal Lawyers' Association (Ontario) |
2020-07-21 | Intervener's factum, (Book Form), Completed on: 2020-07-21, (Printed version filed on 2020-08-18) | Criminal Lawyers' Association (Ontario) |
2020-07-17 | Intervener's factum, (Book Form), Completed on: 2020-07-17, (Printed version filed on 2020-08-20) | Aboriginal Legal Services |
2020-07-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by email to the parties on July 15, 2020) | |
2020-07-14 | Order on motion for leave to intervene, by Justice Moldaver (sent to parties by email) | |
2020-07-14 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Attorney General of Ontario, the Director of Public Prosecution, the Canadian Civil Liberties Association, the Attorney General of Quebec and the Association québécoise des avocats et avocates de la défense (AQAAD) for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Canadian Civil Liberties Association is dismissed. The motions for leave to intervene by the Attorney General of Ontario, the Director of Public Prosecution, the Attorney General of Quebec and the Association québécoise des avocats et avocates de la défense (AQAAD) are granted and the said four (4) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length. The order dated June 9, 2020 is varied and these four (4) interverners shall serve and file their factums on or before August 25, 2020. The said four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. Allowed in part |
|
2020-07-14 | Submission of motion for leave to intervene, (5 motions), Mo | |
2020-07-06 |
Motion to adduce new evidence, (Book Form), amended version received on 2020-07-09 (amended cover) MISSING: filing fee, Completed on: 2020-07-06, (Printed version filed on 2020-08-31) |
Her Majesty the Queen |
2020-07-06 | Certificate of counsel (attesting to record), (Letter Form), required: proof of service to all active parties (rec'd 2020/07/08), (Printed version filed on 2020-08-31) | Her Majesty the Queen |
2020-07-06 |
Respondent's record, (Book Form), required: -amended cover page (rec'd 2020/07/09) -proof of service to all active parties (rec'd 2020/07/08), Completed on: 2020-07-09, (Printed version filed on 2020-09-02) |
Her Majesty the Queen |
2020-07-06 |
Respondent's factum, (Book Form), required: -amended cover page (rec'd 2020/07/08) -proof of service to all active parties (rec'd 2020/07/08) -received amended factum with functional hyperlinks along with proof of service to all active parties (rec'd 2020/07/13), Completed on: 2020-07-09, (Printed version filed on 2020-09-02) |
Her Majesty the Queen |
2020-06-24 | Response to the motion for leave to intervene, (Letter Form), (AGO, AGQ, DPP, CCLA, AQAAD), Completed on: 2020-06-24, (Printed version due on 2020-07-02) | Her Majesty the Queen |
2020-06-23 | Response to the motion for leave to intervene, (Letter Form), (AGQ-AGO-DPP-AQAAD-CCLA), Completed on: 2020-06-23 | Ryan Curtis Reilly |
2020-06-23 | Motion for leave to intervene, (Book Form), fees to be collected at a later date, Incomplete, (Printed version due on 2020-06-30) | Association québécoise des avocats et avocates de la défense (AQAAD) |
2020-06-22 | Motion for leave to intervene, (Book Form), Filing fee to be paid at a later date, Incomplete | Attorney General of Quebec |
2020-06-22 | Motion for leave to intervene, (Book Form), Filing fee will be collected at a later date, Incomplete | Director of Public Prosecutions |
2020-06-19 | Certificate of sealing order or ban - e-filing | Canadian Civil Liberties Association |
2020-06-19 | Notice of name | Canadian Civil Liberties Association |
2020-06-19 | Motion for leave to intervene, (Book Form), (due to covid filing fee will be collected when possible), Incomplete | Canadian Civil Liberties Association |
2020-06-17 | Motion for leave to intervene, (Book Form), filing fee to be collected when possible, Incomplete, (Printed version due on 2020-06-24) | Attorney General of Ontario |
2020-06-11 | Notice of change of counsel, (Letter Form), Boris Bytensky, Daniel Brown and Lindsay Board are now counsel for the Intervener. | Criminal Lawyers' Association (Ontario) |
2020-06-09 | Order on motion for leave to intervene, by Justice Moldaver (sent to all parties by email on June 9, 2020) | |
2020-06-09 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by the Aboriginal Legal Services, the Criminal Lawyers’ Association (Ontario), the Criminal Trial Lawyers’ Association, the Independent Criminal Defence Advocacy Society and the British Columbia Civil Liberties Association for leave to intervene in the above appeal: AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene filed by the Independent Criminal Defence Advocacy Society and the British Columbia Civil Liberties Association are dismissed. The motions for leave to intervene filed by the Aboriginal Legal Services, the Criminal Lawyers’ Association (Ontario) and the Criminal Trial Lawyers’ Association are granted and the said three (3) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before July 21, 2020. The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. Any persons wishing to intervene in the appeal in file 38785, Ryan Curtis Reilly v. Her Majesty the Queen, must serve and file a motion for leave to intervene on or before June 23, 2020. Any further intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada must also serve and file its respective factum, not to exceed ten (10) pages, and book of authorities, if any, on or before August 4, 2020. Allowed in part |
|
2020-06-09 | Submission of motion for leave to intervene, Mo | |
2020-05-21 | Response to the motion for leave to intervene, (BCCLA and ICDAS), Completed on: 2020-05-21 | Her Majesty the Queen |
2020-05-20 | Response to the motion for leave to intervene, (to BCCLA and ICDAS), Completed on: 2020-05-20 | Ryan Curtis Reilly |
2020-05-14 | Certificate (on limitations to public access) | British Columbia Civil Liberties Association |
2020-05-14 | Notice of name | British Columbia Civil Liberties Association |
2020-05-14 | Motion for leave to intervene, (Book Form), Filing fee to be collected when possible, Incomplete | British Columbia Civil Liberties Association |
2020-05-12 | Notice of name | Independent Criminal Defence Advocacy Society |
2020-05-12 | Motion for leave to intervene, (Book Form), filing fee to be collected when possible, Incomplete | Independent Criminal Defence Advocacy Society |
2020-05-12 | Response to the motion for leave to intervene, Completed on: 2020-05-12 | Her Majesty the Queen |
2020-05-12 | Response to the motion for leave to intervene, (to all three motions), Completed on: 2020-05-12 | Ryan Curtis Reilly |
2020-05-11 | Notice of name | Criminal Trial Lawyers' Association |
2020-05-11 | Motion for leave to intervene, (Book Form), Filing fee to be collected when possible , Incomplete | Criminal Trial Lawyers' Association |
2020-05-08 | Motion for leave to intervene, (Book Form), filing fee to be collected when possible, Incomplete | Criminal Lawyers' Association (Ontario) |
2020-05-07 | Notice of name | Aboriginal Legal Services |
2020-05-07 | Motion for leave to intervene, (Book Form), Required : Filing Fee (to be collected once Court re-opens due to Covid), Incomplete | Aboriginal Legal Services |
2020-04-09 | Certificate of counsel (attesting to record), (Letter Form) | Ryan Curtis Reilly |
2020-04-09 | Appellant's record, (Book Form), (3 volumes), Completed on: 2020-04-09, (Printed version filed on 2020-09-02) | Ryan Curtis Reilly |
2020-04-09 | Appellant's factum, (Book Form), Completed on: 2020-04-09, (Printed version filed on 2020-09-02) | Ryan Curtis Reilly |
2020-02-12 | Notice of appeal, (Letter Form), Completed on: 2020-02-12 | Ryan Curtis Reilly |
2020-01-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2020-01-24 | Judgment on leave sent to the parties | |
2020-01-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1803-0092-A, 2019 ABCA 212, dated May 28, 2019, is granted. Granted, no order as to costs |
|
2019-11-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2019-10-10 | Certificate (on limitations to public access), 23A - No limitations | Her Majesty the Queen |
2019-10-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-10 | Her Majesty the Queen |
2019-09-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 09/10/19 | |
2019-08-27 | Certificate (on limitations to public access), (Letter Form) | Ryan Curtis Reilly |
2019-08-27 |
Application for leave to appeal, (Book Form), Missing: Trial Court Order (rec'd 2019-09-20) Amended Notice of Application (rec' 09/10/19), Completed on: 2019-10-27 |
Ryan Curtis Reilly |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
Name | Role | Status |
---|---|---|
Reilly, Ryan Curtis | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Aboriginal Legal Services | Intervener | Active |
Criminal Lawyers' Association (Ontario) | Intervener | Active |
Criminal Trial Lawyers' Association | Intervener | Active |
Attorney General of Ontario | Intervener | Active |
Director of Public Prosecutions | Intervener | Active |
Attorney General of Quebec | Intervener | Active |
Association québécoise des avocats et avocates de la défense (AQAAD) | Intervener | Active |
Counsel
Party: Reilly, Ryan Curtis
Counsel
Michael Bates
Andrea Serink
Suite 1740, SunLife Building
10123 - 99 Street
Edmonton, Alberta
T5J 3H1
Telephone: (780) 474-2888
FAX: (780) 665-1059
Email: dhatch@hatch.law
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Her Majesty the Queen
Counsel
3rd Floor, 9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jason.russell@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Aboriginal Legal Services
Counsel
Douglas Varrette
211 Yonge Street
Suite 500
Toronto, Ontario
M5B 1M4
Telephone: (416) 408-4041
FAX: (416) 408-1568
Email: rudinj@lao.on.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Daniel Brown
Lindsay Board
5000 Yonge Street, Suite 1708
Toronto, Ontario
M2N 7E9
Telephone: (416) 365-1773
FAX: (416) 365-0866
Email: Bytensky@CrimLawCanada.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Criminal Trial Lawyers' Association
Counsel
Curtis Steeves
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: djsong@pringlelaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Attorney General of Ontario
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4258
FAX: (416) 326-4656
Email: david.friesen@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Director of Public Prosecutions
Counsel
Monique Dion
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Attorney General of Quebec
Counsel
1200, route de l'Église
4e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 23177
Email: catheryne.belanger@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Association québécoise des avocats et avocates de la défense (AQAAD)
Counsel
Jean-Francois Bertrand
Elodie Drolet-French
2828, boulevard Laurier
Tour 2, bureau 395
Québec, Quebec
G1V 0B9
Telephone: (418) 694-3003
FAX: (418) 694-3008
Email: agr@rcavocats.ca
Agent
166 rue Wellington
Gatineau, Quebec
J8X 2J4
Telephone: (819) 770-4888 Ext: 105
FAX: (819) 770-0712
Email: pcharlebois@csgavocats.com
Summary
Keywords
Charter of Rights - Right to life, liberty and security of person - Arbitrary detention - Right to bail - Remedy - Appellant held for longer than 24 hours before he was taken before a Justice of the Peace contrary to s. 503(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46, and a breach of his ss. 7, 9 and 11(e) Charter rights - Whether a stay of proceedings was the appropriate remedy for Charter breach - Whether the Court of Appeal erred in failing to adhere to its jurisdiction in a Crown appeal of the appellant’s stay of his criminal charges - Whether the Court of Appeal erred by misapplying the test in R v. Babos, 2014 SCC 16, [2014] 1 S.C.R. 309 by imposing a nonexistent obligation on the accused to establish a “systemic remedy” to go together with a stay of proceedings - Whether the Court of Appeal erred in applying the appropriate standard of review - Whether the Court of Appeal erred in overturning the trial judge’s remedy of a stay of proceedings - ss. 7, 9, 11(e), 24(2) of the Canadian Charter of Rights and Freedoms.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The appellant was arrested on April 4, 2017 at 11:50 a.m. He was not brought before a justice for his bail hearing until April 5, 2017 at 10:59 p.m. The continuing detention of the appellant pending a bail hearing was governed by s. 503(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46 which requires a detained person to be taken before a justice within a period of 24 hours and “without unreasonable delay” when a justice is available and brought “as soon as possible” when a justice is not available. The Crown conceded that the appellant had been held for longer than 24 hours before he was taken before a justice contrary to s. 503(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46, and that this was a breach of his ss. 7, 9 and 11(e) Charter rights. The provincial court judge issued a stay of proceedings. The Court of Appeal set aside the stay of proceedings and ordered the applicant to stand trial.
Lower court rulings
Provincial Court of Alberta
170364640P1, 2018 ABPC 85
Application for a stay of proceedings granted
Court of Appeal of Alberta (Edmonton)
1803-0092-A, 2019 ABCA 212
Stay of proceedings set aside; applicant ordered to stand trial
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available