Impaired driving trial. Police responded to an accident scene. The officer’s belief that the accused was driving was premised on the accused’s statement that “she was drinking at a pub half an hour ago.” There was no other evidence as to what other witnesses at the scene told police.
Held: s. 8 breach, Certificate excluded.
As per Lal, 2012 ABQB 358, there was no objective basis to conclude that the accused was the driver of the vehicle at the time of the accident. Accordingly, there was no basis in law to make a screening demand. 24(2) analysis lead to the exclusion of the Certificate.
G. Dunn, Defence Counsel