Conviction appeal on charges including impaired and dangerous driving causing bodily harm. Accused was detained at an accident scene and questioned. Trial judge found ss. 9 and 10 breaches, but, did not exclude the blood-alcohol evidence under 24(2).
Held: Appeal dismissed.
“An accident scene may not be a ‘Charter-Free Zone’, but police have duties at accident scenes which may justifiably divert them temporarily from their Charter responsibilities … the seriousness of the arbitrary detention … must be looked at from the perspective of the fact that the appellant himself had a duty … to remain at the scene of an accident … It is simply a statutory duty which drivers owe to their fellow drivers. There is no need at this point for the police to inform the driver of his right to counsel.” Veldhuis, JA dissented.
J. Ruttan, E. Archer –
Defence Counsel