September 20th, 2019
Crown appeal from acquittal on a charge of ‘over 80’. Issue on appeal was the interpretation of s 320.31(1) (a) CC, which requires Crown to prove that the qualified technician who took the breath samples conducted a system calibration check with results within 10% of the target value of an alcohol standard certified by an … Read More.
July 23rd, 2019
R v Taylor, 2019 Vermilion Provincial Court – Presumption Of Identity Applies To Transitional Impaireds/Presumption Of Accuracy Does Not Require Certificate Of Analyst
Trial on a charge under s. 253(1)(b) CC. Transitional case. Crown sought to rely on the presumption of accuracy through information in the Certificate of Qualified Technician, which stated that the calibration check results were within 10% of the target values “of an alcohol standard which was certified by an analyst”. Further, Crown did not … Read More.
R v Hanna, 2019 Edmonton Provincial Court – Old Presumption Of Identity Applies To Transitional Impaired Cases/Hearsay Allowed To Prove Analyst Requirement
Trial on a charge of driving ‘over 80’ under s. 253(1)(B) CC. Issues of whether the former presumption of identity under s. 258 CC continues to apply in a transitional case where the offence precedes the Bill C-46 amendments but the trial is held after; and whether the Crown could rely on the s. 320.31 … Read More.
R v Kettles, Edmonton Provincial Court – Breathalyzer Results Not Presumed Accurate Under New Law Without Certificate Of Analyst
Trial on impaired driving and ‘over 80’ charges. The Crown did not tender a Certificate of Analyst or Qualified Technician; rather, the Crown adduced the machine test sheet and the technician gave viva voce testimony. Issue of whether this met the requirements of s. 320.31 CC so as to trigger the presumption of accuracy. Held: … Read More.
June 13th, 2019
Accused was charged with operating a conveyance with blood alcohol over the legal limit and impaired driving. In a s 8 Charter voir dire, defence argued the police, in obtaining one failed ASD reading, did not meet the requirements of s 320.27(2) of the Code and therefore a warrantless search took place. Defence sought exclusion … Read More.
June 6th, 2019
Client charged with care or control of vehicle while ability impaired and while blood alcohol concentration was over limit. Client had been found in driver’s seat with keys in ignition upon police arrival. Provided samples of breath that were more than twice the legal limit. Held: Acquittal. Court heard evidence of client’s intention to be … Read More.
September 14th, 2018
Appeal Rejects Argument That Trial Judge Failed To Consider Excupatory Impaired Evidence – R v Schultenkamper, 2018 Edmonton Queen’s Bench
Summary conviction appeal from impaired driving conviction. Defence argued on appeal that the trial judge failed to appreciate exculpatory evidence regarding whether the Appellant’s ability to drive was impaired by alcohol. The trial judge’s reasons did not mention certain “evidence of non-impairment” such as a lack of slurred speech, fine motor difficulty, disordered thinking, and … Read More.
August 28th, 2018
Impaired Acquittal As Presumption Of Accuracy Not Available – R v Schroeder, 2018 Edmonton Provincial Court
Impaired driving trial for charges under ss. 253(1)(a) and (b) CC. Readings of 110mg% and 100mg% were noted on the Certificate of Analysis, but investigating officer testified that the technician advised, and he recorded in his notes, readings of 120mg% and 100mg%. Held: Acquittal. “The evidence in the present case shows that the instrument may … Read More.
July 27th, 2018
No Credit For Administrative Licence Supension Towards Court’s Driving Prohibition – R v Kiyawasew, 2018 Calgary Provincial Court
Sentencing of accused convicted of impaired driving. Argument by defence that the accused should receive credit from time spent under the “old” AALS regime towards the length of the mandatory s 259(1) CC driving prohibition. Held: Credit towards s 259(1) CC driving prohibition denied. Court declined to follow Sohal and Ludwig. Court of Appeal’s comments … Read More.
No Credit From Administrative Licence Suspension Toward Court’s Driving Prohibition – R v Chan, 2018 Edmonton Provincial Court
Sentencing of accused who pleaded guilty to refusal to provide a sample of breath. Issue of whether time accused’s license was suspended under the Alberta Administrative License Suspension (AALS) should be credited towards the mandatory s 259(1) CC driving prohibition. Held: Credit towards s 259(1) CC driving prohibition denied. Court rejected the argument that the … Read More.