July 23rd, 2019

Traffic Stop Combined With General Criminal Law Purpose Is Arbitrary Detention – R v Mohamed, 2019 Edmonton Queen’s Bench

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Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop … Read More.

January 11th, 2016

R v C.S., 2015 ABPC 266 per Miller, PCJ

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Youth court trial. Accused originally detained for being intoxicated in a public place. Accused was not released upon sobering up. Rather, he was held for several additional hours, and was ultimately questioned. Held: Statement excluded. Police had a duty to continue to assess the accused’s sobriety, and to release him once he was no longer … Read More.

July 17th, 2015

R. v. Tobber, 2015 ABQB 398 per Yamauchi. J

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Conviction appeal on impaired driving charge. Accused blew 170 mg%, and was then held in custody for 9 hours prior to his release by the next shift of officers. Trial judge found a breach of s. 9, however, rather than granting a stay, the judge reduced the sentence that he would have otherwise imposed. Held: … Read More.