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Reviews of Investigating Impaired Drivers
Saturday
Feb102018

SUPREME COURT OF CANADA - DISCLOSURE

Three appeals were heard this week at the Supreme Court of Canada, all dealing with the issue of disclosure in exceed .08 cases. It has been ten years since amendments to the Criminal Code about “whether the approved instrument was malfunctioning or was operated improperly” were made, so guidance from the Supreme Court will be of assistance.  The Court of Appeal decisions are R. v. Vallentgoed & Gubbins,  2016 ABCA 358 and R. v. Awashish, 2016 QCCA 1164.

Sunday
Feb042018

APPEALS - RELEASE PENDING APPEAL DENIED

Mr. Rhodenizer appealed his conviction for having caused an accident resulting in death while operating a motor vehicle while over .08. He was sentenced to three and a half years incarceration in June of 2017 and his appeal is set to be heard in June of 2018. His application to be released on bail pending the appeal was denied by the Alberta Court of Appeal:

The Crown pointed to the fact that the applicant had a prior conviction for driving while being over .08, a mere two and a half years prior to the predicate offence. The Crown argued that the circumstances surrounding the predicate offence were particularly egregious. The applicant was not only over .08; but there was evidence to suggest that he was actually drinking while driving. An open case of beer was found in the applicant’s truck with five cans missing, two of which were found in the driver door pocket. R. v. Rhodenizer, 2018 ABCA 27

Sunday
Dec172017

HOLIDAY SEASON - SPOT CHECKS

In order to keep everyone safe during the holiday season, most police services increase the number of spot checks they conduct.  Some of them even give out rewards to sober drivers.  Happy Holidays!

RIDE Checks - Rewarding Responsible Driving : www.ridechecks.com

Police Hand Out Gift Cards To Thank Sober Drivers: www.ckom.com

 

 

Saturday
Dec092017

STRENGTHENING IMPAIRED DRIVING LAWS - CHARTER STATEMENT

Parliament has proposed a number of changes to impaired driving legislation, and a Charter Statement has been released that describes those proposed changes. It reviews, among other things, mandatory alcohol screening and the admissibility of roadside statements: Bill C-46 Charter Statement

Saturday
Dec022017

IMPAIRED CAUSING - EVAPORATION RATE OF ALCOHOL

Ms. Kraus was convicted of impaired causing bodily harm and dangerous driving causing bodily harm.  On appeal, the Crown conceded that the trial judge erred by taking judicial notice of the evaporation rate of alcohol (judicial notice “is taken of matters so notorious as to be common knowledge”). However the convictions were still upheld as: “the only conclusion on the overwhelming evidence is that the verdict would have been the same regardless.” R. v. Kraus, 2017 ONCA 458