SUPREME COURT OF CANADA - "GAS PEDAL GOT STUCK" CONVICTION

Mr. Collin was acquitted of impaired driving and dangerous driving causing bodily harm at trial, but the Crown's appeal was allowed and the Supreme Court of Canada upheld Mr. Collin's conviction:

The “gas pedal got stuck” while he was driving at between 85 and 100 km/h when he entered the curve where the speed limit was 35 km/h. An event that occurs and complicates driving that is already criminal clearly cannot, in the circumstances, negate the significant (or ”beyond de minimis”) contribution of such driving to the bodily harm caused to the victim. R. v. Collin, 2019 QCCA 887; R. v. Collin, 2019 SCC 64.

ACQUITTAL UPHELD IN HOSPITAL RECORDS CASE

Investigating cases in a hospital setting is difficult.  The result of the case below points out some issues that can arise:

Ms. Domanska was taken to hospital where blood was taken, however, due to continuity concerns, the trial judge ruled that the blood alcohol level that was derived from this sample was unavailable to the Crown at trial. Moreover, the breathalyzer machine that was taken to the hospital to obtain a sample from her malfunctioned and breath samples were not taken. Accordingly, there was no evidence as to the her alcohol consumption other than her own statements to paramedics at the scene. Ms. Domanska was acquitted of charges that included impaired driving causing bodily harm, and that acquittal was upheld: R. v. Domanska, 2019 ONCA 893

DETENTION AND ARREST CASELAW

2019 saw some interesting developments in the area of detention and arrest. In R. v. Fournier, 2019 ABCA 265 a conviction was upheld in a case where a pat-down search was completed in an ASD demand case. In R. v. McCormack, 2019 NLSC 218 an acquittal was upheld in a case where a suspect was placed into a locked police car prior to the officer forming the grounds to make an ASD demand. As always, each case turned on its own facts: The individual factual circumstances in each case will govern whether a safety pat down search is warranted in the context of a detention for a roadside ASD test, or whether the search is in breach of s 8 of the Charter.

All police officers and counsel should read Kosoian v. Société de transport de Montréal, 2019 SCC 59 (the escalator handrail arrest case): Police officers are obliged to have an adequate knowledge and understanding of criminal and penal law, of the offences they are called upon to prevent and repress and of the rights and freedoms protected by the Charter.

HAPPY NEW YEAR!

Get your copy of Investigating Impaired Drivers 4th edition.   The new impaired driving laws are analyzed and presented in a well organized easy to understand manner.  This book is an essential resource for anyone involved in investigating or prosecuting impaired driving.  You can order your copy by using the "Add to Cart" button on the on this website or by contacting us by email at MapleBookPublications@gmail.com.

The weekly caselaw and legislation updates to this blog will commence next week.

HAPPY CANADA DAY!

Canada will be seeing some signficant changes in legislation in 2018. Bill C-45, the Cannabis Act, and Bill C-46, new legislation with respect to impaired driving, will both coming into force before the end of the year. So our weekly impaired driving blog will be taking a break for a while, to allow us to focus on completing the 4th edition of "A Law Professional's Guide to: Investigating Impaired Drivers", which will include references to the above legislation.  In the meantime, here is a link to the Department of Justice's website: New Legislation Strengthens Rules For Impaired Driving.