The Alberta Court of King’s Bench has approved Notices of Certification explaining this proceeding and Class Members’ rights.

You may view the Long-Form Notice of Certification here: https://phillipsbarristers.ca/wp-content/uploads/2026/02/26.02.27-Notice-of-Certification-Short-Form.pdf

You may view the Short-Form Notice of Certification here: https://phillipsbarristers.ca/wp-content/uploads/2026/02/26.02.27-Notice-of-Certification-Short-Form.pdf

Section 503(1) of the Criminal Code of Canada (“the Code”) requires that all persons arrested by the police and who are not released on other terms be brought before a justice within 24 hours of their arrest for the purposes of a bail hearing. This Code requirement secures arrested persons from arbitrary and unlawful detention by the police and the state. The 24 hour time limit ensures that Canadians are not deprived of their liberty unreasonably and protects the Constitutional rights enshrined in sections 7, 9, 11(d), (e) and 12 of the Charter.

This certified class action is brought on behalf of the following class:

All persons arrested in Alberta from the date set out in the Eligibility Chart based on the location of their arrest, up to September 26, 2022, who:

(a) did not receive a bail hearing within 24 hours of their arrest;
(b) did not consent to an adjournment of their bail hearing within 24 hours of their arrest;
(c) did not have their bail hearing adjourned by a justice within 24 hours of their arrest;
(d) were not arrested or charged with an offence listed under s. 469 of the Criminal Code;
(e) were granted bail at a bail hearing, or were released without a bail hearing but not until after 24 hours from the time of their arrest;
(f) have not received a prison sentence or a sentence based upon time served as a result of charges stemming from their arrest; and
(g) did not have their bail hearings conducted by the Public Prosecution Service of Canada or any other Federally appointed prosecutor.

Click here to view the Eligibility Chart  

The claim alleges that Alberta (the “Crown”) does not have enough Crown prosecutors available to conduct bail hearings on a timely basis, and that the Crown bail process resulted in systemic delays. As a result, the representative plaintiff and other class members were forced to remain in police custody well past the maximum time limits mandated by the Code.

Amongst other relief, the action seeks Charter and related damages on behalf of all class members for the Crown’s alleged breach of the fundamental right to a bail hearing within 24 hours of arrest. It also seeks punitive damages against the Crown for its alleged failure properly to protect the basic liberty of Albertans.

The Alberta Court of King’s Bench certified the action to proceed on a class-wide basis on September 26, 2022.

The Court of Appeal denied Alberta’s appeal from the certification decision on August 19, 2024. The Supreme Court of Canada denied leave to appeal on March 27, 2025.

If you meet the class definition, then you are automatically a Class member unless you exclude yourself from this Class Action by “Opting Out”. You may only opt-out of this class proceeding by sending a written election to Class Counsel (Phillips Barristers PC and Ruttan Bates LLP). The written election must be signed by you and state that you are choosing to opt out of the Class Action. This message must be sent by June 23, 2026, the Opt-Out Deadline fixed by the Alberta Court of King’s Bench. The written election must be mailed, emailed or faxed to Class Counsel, to the contact information at the bottom of this Summary. If mailed, it must be postmarked by no later than the Opt-Out Deadline. If emailed or faxed, it must be transmitted no later than 5:00 PM PST on the Opt-Out Deadline.

Were you detained for more than 24 hours without a bail hearing in Alberta?

If you believe that you or someone you know was held for more than 24 hours without a bail hearing in Alberta, we would like to hear from you.

If you complete our online form, we will respond to your inquiry, typically within one business day. Or you can contact us at:

Email: ABBailclassaction@phillipsbarristers.ca  
Toll-free Telephone number: 1-888-453-7914
Fax : 403-775-4457

Mailing Address:
Phillips Barristers PC – Attn: Alberta Bail Class Action
630 6th Avenue SW, Suite 425, Calgary, AB

• Third Amended Statement of Claim
• Statement of Defence
• Reply to Defence
• Decision re: Certification
• Certification Appeal Decision
• Notice of Certification (short form, long form)