R. v. Arias (T.O.), 2015 ABQB 86
| Judge | Gates, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | November 13, 2014 |
| Citations | 2015 ABQB 86;(2015), 614 A.R. 150 (QB) |
R. v. Arias (T.O.) (2015), 614 A.R. 150 (QB)
MLB headnote and full text
Temp. Cite: [2015] A.R. TBEd. MY.100
Her Majesty the Queen (respondent) v. Tony Orland Arias (appellant)
(1400168825S1; 2015 ABQB 86)
Indexed As: R. v. Arias (T.O.)
Alberta Court of Queen's Bench
Judicial District of Edmonton
Gates, J.
March 18, 2015.
Summary:
Arias was convicted of driving with a blood alcohol level in excess of 80 milligrams in 100 millilitres of blood (Criminal Code, s. 235(1)(b)). He appealed, contending that the trial judge erred in law in finding that no breach of his s. 10(b) Charter rights had been established. After Arias had been unable to reach his counsel of choice, the investigating officer (Cst. Sellsted) "directed" him to the Legal Aid numbers. When Arias exited the telephone room, he indicated that he was done speaking with lawyers. The trial judge found that Arias was given a reasonable opportunity to contact counsel of choice and that any deficiency was the result of Arias' lack of diligence. Even if there were a breach of s. 10(b), the trial judge concluded that the certificate of analysis would be admissible pursuant to s. 24(2) of the Charter.
The Alberta Court of Queen's Bench dismissed the appeal. The trial judge did not err in finding that Arias was given a reasonably opportunity to consult his counsel of choice. In the alternative, the trial judge's application of the s. 24(2) "Grant analysis" was reasonable.
Civil Rights - Topic 4602
Right to counsel - General - Denial of - Evidence taken inadmissible - See paragraphs 66 to 77.
Civil Rights - Topic 4604
Right to counsel - General - Denial of or interference with - What constitutes - See paragraphs 26 to 65.
Civil Rights - Topic 4609.1
Right to counsel - General - Duty of police investigators - See paragraphs 26 to 65.
Civil Rights - Topic 4620.4
Right to counsel - General - Duty of accused to act diligently - See paragraphs 26 to 65.
Civil Rights - Topic 4620.6
Right to counsel - General - Right to counsel of choice - See paragraphs 26 to 65.
Civil Rights - Topic 8368
Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - See paragraphs 66 to 77.
Counsel:
Shawn Beaver, for the appellant;
Susanne Thompson, for the respondent.
This summary conviction appeal was heard on November 13, 2014, before Gates, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment and reasons, dated at Calgary, Alberta, on March 18, 2015.
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R v Agotic, 2020 ABQB 609
...if the Crown has established that a reasonable opportunity was given: R v Wolbeck, 2010 ABCA 65, 256 CCC (3d) 271, para 12; R v Arias, 2015 ABQB 86, 614 AR 150, para 30; R v Araya, 2018 ABQB 987, [2019] AWLD 39, para C. Right Not to be Arbitrarily Detained [153] The tiered system for releas......
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R. v. Carlson (S.L.), 2015 ABPC 170
...(SCC) the Chief Justice declined to consider this issue because it did not arise in the circumstances: see pp. 276-7. [33] In R. v. Arias, 2015 ABQB 86 (Alta. Q.B.) ( Arias ), Gates J. aptly observed at para. 32: "Barring any urgency, danger or unequivocal waiver, the Appellant was ent......
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R v Araya, 2018 ABQB 987
...counsel” is on the Crown and then the burden of proving the Charter breach turns to Mr. Araya: Wolbeck at para 12; see also R v Arias, 2015 ABQB 86 at para 30. ii. Analysis [62] Taking a purposive approach to Mr. Araya’s situation, based on the test set out in Willier, the question becomes ......
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R. v. Stone (R.M.), 2015 ABPC 231
...[2010] S.C.C. 37, 2 S.C.R. 429 S.C.C.; R. v. Wolbeck, [2010] 256 C.C.C. (3d) 271 from the Alberta Court of Appeal; and R. v. Aries, 2015 ABQB 86. I recognize that the Supreme Court in Willier decided that if a lawyer of choice is not available, the accused has the right to wait a reasonable......
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R v Agotic, 2020 ABQB 609
...if the Crown has established that a reasonable opportunity was given: R v Wolbeck, 2010 ABCA 65, 256 CCC (3d) 271, para 12; R v Arias, 2015 ABQB 86, 614 AR 150, para 30; R v Araya, 2018 ABQB 987, [2019] AWLD 39, para C. Right Not to be Arbitrarily Detained [153] The tiered system for releas......
-
R. v. Carlson (S.L.), 2015 ABPC 170
...(SCC) the Chief Justice declined to consider this issue because it did not arise in the circumstances: see pp. 276-7. [33] In R. v. Arias, 2015 ABQB 86 (Alta. Q.B.) ( Arias ), Gates J. aptly observed at para. 32: "Barring any urgency, danger or unequivocal waiver, the Appellant was ent......
-
R v Araya, 2018 ABQB 987
...counsel” is on the Crown and then the burden of proving the Charter breach turns to Mr. Araya: Wolbeck at para 12; see also R v Arias, 2015 ABQB 86 at para 30. ii. Analysis [62] Taking a purposive approach to Mr. Araya’s situation, based on the test set out in Willier, the question becomes ......
-
R. v. Stone (R.M.), 2015 ABPC 231
...[2010] S.C.C. 37, 2 S.C.R. 429 S.C.C.; R. v. Wolbeck, [2010] 256 C.C.C. (3d) 271 from the Alberta Court of Appeal; and R. v. Aries, 2015 ABQB 86. I recognize that the Supreme Court in Willier decided that if a lawyer of choice is not available, the accused has the right to wait a reasonable......