R. v. Reilly

2020 SCC 27 [2020] 3 SCR 109 Court SCC Decision date 2020-10-13 Heard 2020-10-13 Docket 38785 English

PartiesRyan Curtis Reilly Appellant·Her Majesty The Queen Respondent·Director of Public Prosecutions, Attorney General of Ontario, Attorney General of Quebec, Aboriginal Legal Services, Criminal Lawyers’ Association (Ontario), Criminal Trial Lawyers’ Association and Association québécoise des avocats et avocates de la défense Interveners

Judges Wagner, Richard; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas

Delivered by Unanimous — Brown J.

On appeal from Alberta

Contents

Unanimous Judgment Read By — Brown J.

Brown J. — In these circumstances, which include the trial judge’s finding at para. 63 of her reasons (2018 ABPC 85, 411 C.R.R. (2d) 10) that the breach of s. 503 of the Criminal Code , R.S.C. 1985, c. C-46 , was an instance of a systemic and ongoing problem that was not being satisfactorily addressed, we are all of the view that there was no basis for the Court of Appeal to interfere with the trial judge’s exercise of discretion: see R. v. Babos, 2014 SCC 16, [2014] 1 S.C.R. 309, at para. 41.

The appeal is allowed and the stay restored.

Cases cited

2018 ABPC 85 2018 ABPC 85 ¶ 1
R. v. Babos 2014 SCC 16 scc 2014-02-21 para 41 ¶ 1

Statutes and regulations cited

Criminal Code ¶ 1
- s. 503 ¶ 1