Digest: R v D.P., 2018 SKPC 12

• Date: March 02, 2018

Reported as: 2018 SKPC 12

Docket Number: PC17100 , Y297106

Court: Provincial Court

Date: 2018-03-02

Judges:

• Jackson

Subjects:

• Constitutional Law � Charter of Rights, Section 8, Section 24(2)
• Criminal Law � Evidence � Search Warrant - Sufficiency

Digest: The accused young offender was charged with causing the death of one victim and bodily harm to two others by the operation of his vehicle while impaired by alcohol or over .08 and in a manner dangerous to the public. The accused drove home from a party. Witnesses stated that they had seen him there with a drink in his hand. He undertook to drive a friend home. This person later made a statement that he didn�t believe that the accused�s driving showed impairment. After dropping off his friend, the accused continued travelling on a grid road that was unknown to him. He entered an unmarked intersection of the road with a highway and collided with another vehicle, resulting in the death of its driver and injuries to the passengers. The accused suffered serious head injuries and was taken by ambulance to a hospital in Saskatoon. The officers who first attended at the accident noted that there was an open box of beer on the floor and a strong odour of liquor inside the vehicle. There was a ruptured can of beer on the floor. Another officer who spoke to the accused at the hospital stated that he could smell liquor on the accused�s breath and that he had red bloodshot eyes. A doctor advised the officer that he felt that the accused was drunk. The accused told the officer that he couldn�t remember how much he had had to drink and then said that he couldn�t remember if he had been drinking at all. Blood samples were taken from the accused at the hospital. The police accident reconstruction expert indicated that the drivers� views as they approached the intersection were obstructed, the speed of the accused�s vehicle was 42 kilometres per hour and the other vehicle�s was 107 kilometres per hour at the time of impact, and there was no evidence of pre-impact braking. The reconstruction expert noted that there were no stop nor yield signs posted at the intersection. The investigating officer provided sworn evidence to a Justice of the Peace to obtain a search warrant and production order to procure blood samples and records held by the hospital. The defence brought an application alleging a breach of s. 8 of the Charter challenging the sufficiency and quality of the...