R. v. Abrametz (J.S.), (2001) 206 Sask.R. 315 (QB)

• Judge: Dovell, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 13, 2001
• Jurisdiction: Saskatchewan
• Citations: (2001), 206 Sask.R. 315 (QB);2001 SKQB 129

R. v. Abrametz (J.S.) (2001), 206 Sask.R. 315 (QB)

MLB headnote and full text

Temp. Cite: [2001] Sask.R. TBEd. MY.003

Jonathon Stephen Abrametz (appellant) v. Her Majesty the Queen (respondent)

(2000 Q.B.A. No. 31; 2001 SKQB 129)

Indexed As: R. v. Abrametz (J.S.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Dovell, J.

March 13, 2001.

Summary:

An accused was charged with driving while impaired and driving while having an excessive blood-alcohol level.

The Saskatchewan Provincial Court, in a decision reported at 197 Sask.R. 284, con­victed the accused of driving while having an excessive blood-alcohol level and stayed the impaired driving charge. The accused appealed the conviction.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Police - Topic 3072

Powers - Arrest and detention - Arrest without warrant - Territorial jurisdiction - An R.C.M.P. officer in the City of Prince Albert stopped the accused for a violation of the Highway Traffic Act - The officer arrested the accused for impaired driving - The accused asserted that the officer had lacked jurisdiction to carry out his duties as a peace officer appointed pursuant to the Royal Canadian Mounted Police Act - The Saskatchewan Court of Queen's Bench held that the officer had been enforcing, as he was entitled to, both provincial and federal legislation within the entire Prov­ince including the limits of Prince Albert - As such the officer had jurisdiction to carry out his duties as a peace officer appointed pursuant to the Royal Canadian Mounted Police Act within city limits - See paragraphs 8 to 18.

Police - Topic 3204

Powers - Direction - Stopping vehicles - General - An R.C.M.P. officer in the City of Prince Albert suspected that the oc­cupants of a vehicle were drinking - The officer then noticed that the vehicle displa­yed an out-of-date sticker on its licence plate in violation of the Highway Traffic Act - The officer stopped the vehicle - The officer arrested the driver for impaired driving - The Saskatchewan Court of Queen's Bench held that the officer had acted in the lawful execution of his duties in conducting a "random stop" - The out-of-date sticker and officer's suspicion that the driver and other occupants of the vehi­cle were drinking both constituted valid reason to make a random stop - See para­graph 7.

Police - Topic 3208

Powers - Direction - Random or arbitrary stopping of persons - [See Police - Topic 3204 ].

Cases Noticed:

R. v. Ladouceur, [1990] 1 S.C.R. 1257; 108 N.R. 171; 40 O.A.C. 1; 77 C.R.(3d) 110; 56 C.C.C.(3d) 22, refd to. [para. 7].

R. v. Duncanson (1991), 93 Sask.R. 193; 4 W.A.C. 193 (C.A.), refd to. [para. 7].

R. v. Young (1981), 34 A.R. 214 (Q.B.), refd to. [para. 15].

R. v. Soucy (1975), 11 N.B.R.(2d) 75; 7 A.P.R. 75; 23 C.C.C.(2d) 561 (C.A.), refd to. [para. 16].

Counsel:

Peter V. Abrametz, for the appellant;

John P. Morrall, for the respondent.

This appeal was heard by Dovell, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who deliv­ered the following judgment on March 13, 2001.