March 12th, 2018
Appeal from conviction of possession of cocaine for the purposes of trafficking. Police received two confidential informant tips that an Asian male was selling drugs out of a specific vehicle. Police conducted surveillance on the appellant and observed two apparent transactions. Issue of whether the officer’s grounds for arrest were objectively reasonable. Held: No s … Read More.
November 8th, 2017
R v Herrmann, 2017 ABPC 254 per Semenuk, PCJ Impaired driving trial. Reasonable grounds issue. Accused was speeding, driving between two lanes, and made a turn from the wrong lane. When pulled over by police, the accused struck the curb. Indicia included a strong odor of alcoholic beverage coming from either the accused’s person … Read More.
July 20th, 2017
Impaired driving trial. Issue regarding whether police had reasonable grounds to arrest and make a breath demand. Police responded to a complaint regarding a hit and run and possible impaired driver. Damaged vehicle located. Accused was passed out in the driver’s seat. Strong odour of alcohol. Accused arrested within two minutes of police arrival. Held: … Read More.
July 4th, 2017
Conviction appeal on drug charges. Vehicle stop after accused failed to pass an emergency vehicle safely. Accused presented as nervous. Police computer check revealed that accused’s name was “listed in regards to drug activity in Saskatoon”. Additional details not provided. Trial judge found that reasonable grounds existed. Held: Appeal allowed, acquitted. No evidence regarding how … Read More.
May 6th, 2017
Trial on a charge of refusal to provide breath samples. Issue regarding whether reasonable grounds existed to make a lawful breath demand. Police received a “vague” complaint about a possible impaired driver. Accused fumbled with various documents (producing the wrong documents), there was an odour of alcohol in the vehicle, and the accused’s overall behaviour … Read More.
March 21st, 2017
Conviction appeal on drug charges. “This appeal involves the power of a peace officer to make an arrest without a warrant.” Police received anonymous informant information that the accused was trafficking in cocaine, and then observed the accused to enter to and exit from an apartment believed to be associated with drug trafficking. Held: Appeal … Read More.
February 17th, 2017
Impaired driving trial. Issue as to whether objective reasonable grounds established for the making of a breath demand. No driving pattern noted by police. Police relied upon a civilian complaint, however, the vehicle description provided was vague. Accused denied erratic driving, and displayed few symptoms of impairment. ASD demand made, however, because the accused stumbled … Read More.
January 19th, 2017
Impaired trial. Following a traffic stop, police decided to make an ASD demand. As the accused walked to the police vehicle for the test, he was noted to not walk in a straight line (described as a “loop”). Accused was then arrested. Issue regarding whether reasonable grounds existed as required by 254(3) CC. Held: No … Read More.
February 12th, 2016
Impaired driving trial. Issue regarding reasonable grounds. Police noted: unsteadiness on his feet, odour of alcohol when the accused spoke, bloodshot eyes, and saliva at the side of the Accused’s mouth. Held: Section 8 breach. Evidence of refusal excluded. “The evidence which was available to Cst. Lockert … demonstrates that there was minimal evidence of … Read More.
February 5th, 2016
Impaired driving trial. Issue regarding whether reasonable grounds existed to make a 254(3) CC demand. Held: Section 8 breach. Certificate excluded. Grounds premised upon the following: admission of consumption of a “couple of beers”, a smell of alcohol in the breath, that the accused was “a bit unsteady on his feet”, and that the accused … Read More.