Bail/Arrest It occasionally happens that an individual who is arrested is kept overnight until his/her bail hearing the next day. Counsel should be mindful that there is a statutory obligation set out in section 503 of the Criminal Code, requiring that the arrested individual be brought before a justice without delay.
The obligation of the police is to bring an arrested person who is detained before a justice “without delay”. Twenty-four hours is the outer limit of what a reasonable period is, where a justice is available. The police do not have an unqualified right to keep someone in custody for the purposes of investigation for a twenty-four hour period before taking him before a justice.
See R. v. Koszulap, (1974) 20 C.C.C. (2d) 193 (Ont. C.A.).
In R. v. Simpson (1994), 1994 CanLII 4528 (NL CA), 88 C.C.C. (3d) 377 (Nfld. C.A.), at p. 8, rev’d on the issue of remedy 1995 CanLII 120 (SCC),