Appeal from conviction on impaired driving charge. Issue as to whether trial judge erred in finding no s. 9 breach. Police detained the accused (who had no record) and required that he appear before a JP, due only to the fact that detention was required by EPS policy, given that the accused lived more than 200 km from Edmonton. Because the accused was being detained for a bail hearing, the police also conducted a strip search.

Held: Appeal allowed. New trial ordered.

The application by police of a blanket policy regarding release can constitute an arbitrary detention. The police violated the mandatory requirements to release as set out in s. 498 CC, in favour of a police policy. The subsequent strip search was not authorized by law. However, an appellate court is not in the best position to enter a stay, accordingly, a new trial was ordered.

N. Whitling – Defence Counsel