Impaired driving trial. Issue regarding alleged 10(a) breach. Traffic stop after accused went through a red light. Police removed accused from vehicle, noted an odour of alcohol, and then asked accused about consumption.
Held: 10(a) breach. Certificate excluded.
Woychuk, 2014 ABQB 622 followed. “In the circumstances of this case, the threshold has not been reached whereby it can be said that the accused could reasonably be supposed to have understood when asked to exit his vehicle that he was under investigative detention for a suspected impaired driving offence.” Serious breach. “While under investigative detention for an impaired driving offence the accused should be aware of the real reason for his detention and that he was being asked to exit the vehicle with a view to incriminating himself.”
M. Oykhman – Defence Counsel