March 16th, 2020
R v Russel 2020 Alberta Court Of Appeal – Exclusion Of Evidence Unnecessary/Charter Breach Not Policy Driven
Law Updates Tags: 10(b) breach, No Exclusion, Search
Appeal from conviction. After arrest, police delayed access to counsel until a search warrant for his residence had been obtained and the search started. Various illicit items found in residence. Held: Appeal dismissed. Crown conceded 10(b) breach on appeal. However, for 24(2), Court found exclusion was not justified. “Without needing to fully canvass the issue … Read More.
November 4th, 2015
R. v. Sterzik, 2015 ABPC 216 per Semenuk, PCJ
Law Updates Tags: Impaired, No Exclusion, s.10(a) Breach
Trial on charge of refusal to provide a screening breath sample. Accused found asleep in his vehicle. Police instructed accused to exit the vehicle, and subsequently made a screening test demand. Held: Conviction entered. 10(a) breach. As per Woychuk, 2014 ABQB 622, at the time the accused was removed from his vehicle he could not … Read More.