Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation addresses a serious constitutional issue: individuals in Alberta being detained longer than the legally permitted 24 hours due to systemic under-resourcing—without the Supreme Court stepping in to clarify the legal consequences.
Key Points Discussed
The Legal Context
Under Canadian criminal law, individuals taken into custody must be brought before a judge for a bail hearing within 24 hours. However, in Alberta, court and Crown prosecutor shortages resulted in many accused persons being detained longer than the legal maximum—sometimes well beyond 24 hours.
The Class Action Lawsuit
A class action was filed against the Alberta government, arguing that this systemic failure violated Charter rights, including:
-The right not to be arbitrarily detained
-The right to life, liberty, and security of the person
-The government attempted to have the lawsuit dismissed, arguing that decisions about allocating resources should not expose them to legal liability.
Why This Case Matters
Charter Rights Are Not Optional
The issue at hand is not just about court delays—it’s about the government violating legal timelines that protect the fundamental rights of people who are still presumed innocent.
Accountability for Resource Allocation
While courts have acknowledged that some government spending decisions are immune from lawsuits, this case challenges the assumption that such decisions should be untouchable when they directly lead to Charter violations.
Missed Opportunity for Legal Clarity
The Supreme Court of Canada declined to hear the case, missing a chance to clarify:
-When governments can be held liable for underfunding the justice system
-Where the line is drawn between discretionary spending and constitutional obligations
-Without guidance from the highest court, this area of law remains murky—and affected individuals remain without clear remedies.
Topics Covered
-Section 9 (arbitrary detention) and Section 7 (life, liberty, and security) Charter rights
-Legal obligations to hold bail hearings within 24 hours
-Limits of government immunity from lawsuits
-The role of courts in holding governments accountable for Charter breaches
