September 14th, 2018
R v Schultenkamper, 2018 Edmonton Queen’s Bench – Appeal Rejects Argument That Trial Judge Failed To Consider Excupatory Impaired Evidence
Law Updates Tags: Appeal, Exculpatory Evidence, Impaired
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
R v Schroeder, 2018 Edmonton Provincial Court – Impaired Acquittal As Presumption Of Accuracy Not Available
Law Updates Tags: Impaired, Presumption Of Accuracy, s.258 C.C.
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
R v Kiyawasew, 2018 Calgary Provincial Court – No Credit For Administrative Licence Supension Towards Court’s Driving Prohibition
Law Updates Tags: AALS, Credit Driving Prohibition, Impaired
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.
R v Chan, 2018 Edmonton Provincial Court – No Credit From Administrative Licence Suspension Toward Court’s Driving Prohibition
Law Updates Tags: AALS, Credit Driving Prohibition, Impaired
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.
August 10th, 2016
R. v. C.M. 2016 Fort McMurray Provincial Court
Firm Cases Tags: Charter s.10(b), Impaired, Right To Counsel, Violated, Withdrawal Of Charges
Client stopped by police for an impaired investigation. Blew a fail in the roadside screening device so was arrested and a breath demand was made. Client was advised of his right to call a lawyer and he asserted this right. Officer apparently attempted to call legal aid duty lawyer for client while in the police … Read More.
May 26th, 2016
R. v. W.S. 2016 Fort McMurray Provincial Court
Firm Cases Tags: Charter s.7, Impaired, Non-disclosure Of Maintenance Records, Stay
Client stopped at check stop. Failed the Roadside screening breath test. Arrested and provided two breath samples at the police station. Lowest reading was 100 mg/%. Charged with impaired driving and driving while over the legal limit. Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.
May 24th, 2016
R. v. S.F. 2016 Boyle Provincial Court
Firm Cases Tags: Charter s.7, Impaired, Non-disclosure Of Maintenance Records, Stay
Client stopped at check stop. Failed the Roadside screening breath test. Arrested and provided two breath samples at the police station. Lowest reading was 100 mg/%. Charged with impaired driving and driving while over the legal limit. Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in … Read More.
May 11th, 2016
R. v. S.H. 2016 Fort McMurray Provincial Court
Firm Cases Tags: Charter s.7, Impaired, Non-disclosure Of Maintenance Records, Stay
Client stopped at by police while leaving a drinking establishment. Failed the Roadside screening breath test. Arrested and provided two breath samples at the police station. Lowest reading was 100 mg/%. Charged with impaired driving and driving while over the legal limit. Charter notice filed alleging a violation of the right to full disclosure as … Read More.
August 21st, 2015
R. v. F. S. 2015 Edmonton Provincial Court
Firm Cases Tags: Impaired, Legal Agent, Loss Of Jurisdiction, Want Of Prosecution
Client charged with impaired driving and failing to attend court and initially retained a legal agent (non-lawyer), who failed to tell the client they were not a lawyer but made several initial court appearances on the client’s behalf. Defence argued that jurisdiction was lost as the accused did not voluntarily submit to the jurisdiction of the Court … Read More.
August 20th, 2015
R. v. S.S. 2015 Sherwood Park Provincial Park
Firm Cases Tags: Charter, Drug Possession, Impaired, Search, Withdrawn
Accused charged with impaired driving, blowing over. 08, and possession of marihuana. Vehicle stopped by police due to an alleged amber light violation. Police claimed to smell marihuana in the vehicle (although only a small amount of the drug was later found in a sealed glass jar). Because of the alleged smell, the accused was … Read More.