It is important to note that not all arrests result in detention pending a bail hearing. In some cases, the police may arrest and release a person with paperwork. That paperwork generally notifies the person of their court date and the date on or before which they must attend for fingerprints.

In some instances, including some cases involving domestic violence complaints, the police may detain a person until a bail hearing. If a person is arrested in Calgary, they may be taken to the Spyhill Arrest Processing Unit, where they may be held pending a bail hearing before a Justice of the Peace.

The 24-Hour Requirement

Under section 503(1) of the Criminal Code, where a person has been arrested and has not been released by police, the person must generally be taken before a justice without unreasonable delay and, if a justice is available, within 24 hours after the arrest. If a justice is not available within that 24-hour period, the person must be taken before a justice as soon as possible. The current wording of section 503(1) is available from the federal Justice Laws website.

Subsection 503(1) of the Criminal Code provides that a peace officer who arrests a person and has not released that person under another provision of the Criminal Code shall cause the person to be taken before a justice to be dealt with according to law:

(a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and

(b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.

The purpose of this requirement has been discussed by Canadian courts. In R. v. Brown, Justice Nordheimer, as he then was, explained that the provision helps ensure that a person who is arrested has an early opportunity for a judicial officer to review whether continued detention is warranted. See also R. v. Vassell, 2015 ABCA 409, at paragraphs 69–70.

The 24-hour period generally starts from the time of arrest. For a bail hearing in Calgary, a person may be taken to the Spyhill Services Centre:

Spyhill Services Centre
12500 85th Street N.W.
Calgary, Alberta
Tel: 403-428-3400

Communication While in Custody

While a person is detained, family and friends may not be able to contact them directly. Privacy restrictions may also limit the information that police can share with family members or friends.

A lawyer retained to assist with the matter may be able to contact the arrest processing unit, confirm certain information, and communicate with the detained person, depending on the circumstances.

After an arrest or detention, a person generally has the right to retain and instruct counsel without delay and to be informed of that right. Justice Canada’s Charterpedia describes this as the right to speak with counsel and explains that police duties connected to this right can depend on the circumstances, including urgency, safety, and whether the person chooses to exercise the right.

When a lawyer is retained, the lawyer will usually attempt to contact the detained person as soon as reasonably possible. The lawyer may also begin communicating with the prosecutor about release, bail conditions, and next steps.

The information above is general and may not apply the same way in every case. Anyone who has been arrested or detained should speak directly with a lawyer about their own circumstances.

Disclaimer: This page is for general information only and is not legal advice. Reading this page or contacting Cheema Criminal Defence does not create a solicitor-client relationship. Legal advice can only be provided after a lawyer has reviewed the specific facts and agreed to act.