Digest: R v Rogal, 2018 SKCA 18

• Date: March 22, 2018

Reported as: 2018 SKCA 18

Docket Number: CA17129 , CACR 3001

Court: Court of Appeal

Date: 2018-03-22

Judges:

• Richards
• Ottenbreit
• Schwann

Subjects:

• Criminal Law � Motor Vehicle Offences � Driving with Blood Alcohol Exceeding .08 � Conviction � Summary Conviction Appeal � Appeal
• Constitutional Law � Charter of Rights, Section 7 - Appeal

Digest: The appellant was convicted in Provincial Court of impaired driving and driving while his blood alcohol content was over .08. He appealed both convictions to the Court of Queen�s Bench sitting as a summary conviction appeal court. The appeal judge allowed the appeal regarding impairment but dismissed the appeal of the .08 conviction. The appellant appealed that dismissal. Before the trial, a voir dire had been held because the appellant made a Charter application alleging that his s. 8, s. 9 and s. 10(b) Charter rights had been violated. The court heard testimony from the arresting officer and reviewed evidence provided by two video recordings taken at the time of the appellant�s time in the interview room and in the cell block. The defence counsel requested an adjournment because he believed that the Crown could provide another video that would show that there had been delay in taking the breath samples. The trial judge refused the request because the videos in evidence were sufficient to establish what had transpired. The defence did not make an application under s. 7 of the Charter during the voir dire nor in the three months following it before the trial judge delivered his decision that there had been no breaches of the Charter under s. 8, s. 9 or s. 10(b). On appeal, the defence argued that the trial judge erred by failing to adjourn the trial and by convicting the appellant of impaired driving when there was insufficient evidence. The Crown conceded the second ground resulting in the conviction being set aside. The...