R. v C. 2018 Stony Plain Provincial Court: DUI/Impaired Driving – Stay Of Proceedings – Charter Breaches


Accused charged with impaired driving and driving over .08. Stopped by Sheriff for speeding. Suspected of driving while under influence of alcohol. Sheriff called for RCMP to do impaired investigation but did not inform accused of the main reason for her detention or her right to counsel. RCMP called to bring roadside screening test. Delay of approximately 18 minutes before device arrived at scene with RCMP officer and test conducted indicating accused over legal limit. Charter notice filed by defence alleging violations of right to counsel, right to be informed of reason for detention, unreasonable search & seizure and arbitrary detention.

Held: Crown counsel stayed all charges based on defence submissions.