SECTION 9 - CHARTER RIGHTS VIOLATED WHEN THE SUSPECT WAS FOLLOWED AND STOPPED BECAUSE THE OFFICER THOUGHT HIS ACTIONS WERE "SUSPICOUS"

The officer noticed the defendant’s truck, which was travelling in Melancthan Township, make a U turn a short distance before reaching the officer’s car. The officer found this to be suspicious, and followed the truck. He observed it make an immediate left hand turn “..in kind of a slow fashion”, and then two other left hand turns, which brought the defendant virtually to the same point at which he made the U turn. The officer did not observe any erratic driving on the part of the defendant, but stopped him nonetheless because he found the defendant’s behaviour suspicious...

Click to read more ...

SECTIONS 8 AND 24(2) - UNLAWFUL DETENTION IN REAR SEAT OF POLICE CAR - EVIDENCE NOT EXCLUDED

Mr. Aucoin’s vehicle was stopped in Kentville and a roadside investigation revealed that he was a newly licensed driver who had consumed alcohol. The officer decided to impound Mr. Aucoin’s vehicle and issue him a ticket. A lot of people were milling around and the officer was concerned that Mr. Aucoin might walk away and disappear if he were allowed to remain...

Click to read more ...

SECTIONS 7 AND 9 - DRAWING OF FIREARM LEADS TO EXCLUSION OF EVIDENCE

The accused and a friend drove their snowmobiles from Brandon to Carberry where they stopped at a hotel. At just after 1:00 a.m., the accused and his friend left the hotel and drove into a field south of Carberry. Sometime later, the accused's snowmobile became stuck in a snow fence near...

Click to read more ...

SECTION 10(B) - RIGHT TO COUNSEL SHOULD HAVE BEEN PROVIDED BEFORE ROADSIDE TAPED STATEMENT - EVIDENCE NOT EXCLUDED

The charges arose from a May 17, 2008 motor vehicle accident in Delta in which the vehicle Ms. Berner was operating drove into a car parked on the shoulder of the road and then struck a woman and a child standing nearby. The child was killed, the woman seriously injured...

Click to read more ...

APPROVED SCREENING DEVICE - BREVITY IS IMPORTANT

On November 12, 2008, just before 10:45 p.m., Ms. Jaycox drove her vehicle up to and through a routine police roadblock near Shawnigan Lake without stopping. An officer pursued Ms. Jaycox for a short time before she pulled her car over and stopped and when Ms. Jaycox opened her car door, the officer detected a "very strong odour of liquor". Based on his own observations...

Click to read more ...