CHARGES STAYED DUE TO ARREST FOR REFUSAL

The Alberta Court of Appeal, in R. v. Veen, 2020 ABCA 240, has granted the Crown permission to appeal the following case:

Mr. Veen was charged with refusing to provide a breath sample. He was arrested without warrant and taken into custody for approximately one and a half hours. The trial judge found that there were grounds to arrest Mr. Veen, but the public interest could have been satisfied without arresting him. Since the arrest did not comply with s 495(2), it was unlawful and in breach of Mr. Veen’s right under s 9 of the Charter to be free from arbitrary arrest or detention. As a remedy, the trial judge stayed the proceedings. The earlier decisions are R. v. Veen 2019 ABPC 55, and R. v. Veen, 2020 ABQB 99.