Monday, May 19, 2014 at 12:13PM Jonathan Pratt, the man accused of impaired driving in a crash that killed three people near Beaumont, Alta., in 2011, has been found guilty of three counts of manslaughter and impaired driving causing death. He is scheduled to be sentenced August 1st: CBC News - Edmonton
Monday, May 19, 2014 at 11:50AM Mr. Mammadov was arrested for impaired driving due to, among many other things, driving southbound in the northbound lane on Yonge Street. After the investigation was complete, the main investigating officer testified that a strip search was conducted because he was worried that Mr. Mammadov was carrying something that he might use to harm himself. However the officer in charge testified that once he made the determination to lodge an individual in cells, that person would be subjected to a strip search as a matter of routine. Upon learning this, the Crown properly conceded a violation of section 8. Mr. Mammadov then applied to have his charge stayed but the trial judge refused to grant a stay and the Ontario Court of Appeal upheld that ruling:
Only if there is objective evidence to justify a strip search of an accused person can one be conducted. This is not a case in which the police lacked the reasonable and probable grounds to conduct a search of Mr. Mammadov: (1) he had disposed of unknown items at the scene of the collision; (2) he had tried to flee; (3) he was severely impaired; and (4) he vomited twice while in custody. R. v. Mammadov, 2014 ONCA 328
Saturday, May 10, 2014 at 11:40AM Prince Edward Island motorists with multiple drunk-driving convictions could soon have to get coded licence plates telling police they are repeat offenders, if they want to keep driving without needing mini breathalyzers to start their vehicles: CBC News - Prince Edward Island
Saturday, May 10, 2014 at 11:26AM The Alberta Court of Appeal has given another example of how keeping careful police notes and being prepared to testify can lead to a conviction at trial:
At trial, the applicant argued that the constable’s testimony was not reliable and he was not credible because his testimony about certain indicia of impairment did not align with the timing of his observations in his notes. The trial judge reviewed three possible uses of police notes and ultimately held that, in this case, the constable was using his notes only to refresh his own independent recollection and that independent recollection was the actual evidence before the court. The trial judge concluded that the constable was credible as his evidence “was clear, firm, direct, and completely unmoved on cross-examination.” R. v. Hausauer, 2014 ABCA 47
Sunday, May 4, 2014 at 8:39AM The issue of failing an approved screening device arose when Mr. Buckley appealed his conviction to the Alberta Court of Appeal. His application for leave to appeal was dismissed and the Court concluded that they did not have to answer the "abstract general question" about whether a roadside fail alone can in and of itself be reasonable and probable grounds to demand a breath sample as there was other evidence in this particular case:
There was evidence of the experience of the constable with this roadside situation, at least this type of alleged offence. The constable also relied on the admission of consuming three beers coming from the accused, and he relied on the fact that the accused was emitting an odour of alcohol. Indeed, the constable even said that having looked at and talked to the accused, he formed from his experience an estimate of what the likely reading on the Intoxilyzer at the police station would be. R. v. Buckley, 2014 ABCA 141
Please note that earlier cases (cited below) can be relied upon for the conclusion that, provided you have no reason to question the reliability of the failure, you can rely solely on a "fail" result as your grounds to make a breath demand. However, as was done by the officer in Mr. Buckley's case, you should include other grounds available for your opinion.
R. v. Yurechuk, 1982 ABCA 341 and R. v. Bernshaw, 1995 CanLII 150 (SCC)