Impaired driving trial. Accused stopped by a county peace officer while operating a dirt bike in a ditch. After indicia of impairment were noted, police were called. Police arrested the accused for impaired driving shortly after arrival. Accused was detained for close to 40 minutes at the roadside prior to his arrest. Alleged s. 10(b) breach.
Held: Breach of s. 10(b). Certificate excluded.
The accused was lawfully stopped by the county peace officer under the authority of s. 166 TSA. As per Dhuna, 2009 ABCA 103, there is no reason to draw a “bright line” between stops for traffic safety concerns as opposed to possible criminal offences. The issue is compliance with the “reasonable grounds to suspect” standard set out in Mann, 2004 SCC 52. However, 10(b) rights ought to have been provided. Given that the roadside investigation was not conducted with “dispatch”, the right to counsel was not properly suspended. Section 8 breach as well given that reasonable grounds did not exist justifying the arrest. Serious breaches that had a significant impact upon the accused’s Charter protected interests.
W. Hlady – Defence Counsel