August 20th, 2015
Impaired driving trial. Due to an oversight police failed to turn on the in car VICS camera. Therefore, police interactions with the accused at the scene were not recorded. Held: No s. 24 remedy granted. Police failure to turn on the camera was “unacceptably negligent.” However, “I am unable to find that the Charter entitles … Read More.
July 15th, 2015
Impaired driving appeal. At trial, Crown refused to disclose maintenance logs of approved breath instruments. Held: Appeal allowed, disclosure ordered. Kilpatrick 2013 ABQB 5, Proctor 2015 ABQB 97 et. al. followed. The maintenance logs are first party records, and the Crown’s failure to disclose impairs the accused’s right to make full answer and defence. “There … Read More.