R. v. Bueckert (J.B.), 2014 SKPC 130

• Judge: Lavoie, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 11, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKPC 130;(2014), 448 Sask.R. 69 (PC)

R. v. Bueckert (J.B.) (2014), 448 Sask.R. 69 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. JN.043

Her Majesty the Queen v. Jonathan Boyd Bueckert

(Information No. 43842575; 2014 SKPC 130)

Indexed As: R. v. Bueckert (J.B.)

Saskatchewan Provincial Court

Lavoie, P.C.J.

June 11, 2014.

Summary:

The accused was charged with refusing to comply with an approved screening device breath sample demand (s. 254(5) of the Criminal Code). He asserted that he did not have to comply with the demand because it was illegal as it was not made forthwith or immediately on the officer forming his belief that the accused had alcohol in his body.

The Saskatchewan Provincial Court rejected the argument and convicted the accused.

Criminal Law - Topic 1386

Offences against person and reputation - Motor vehicles - Impaired driving - Roadside screening test - Excuse for refusal - [See Criminal Law - Topic 1386.3 ].

Criminal Law - Topic 1386.1

Offences against person and reputation - Motor vehicles - Impaired driving - Roadside screening test - Demand - [See Criminal Law - Topic 1386.3 ].

Criminal Law - Topic 1386.3

Offences against person and reputation - Motor vehicles - Impaired driving - Roadside screening test - Refusal - At 3:23 a.m., an officer saw the accused's vehicle run a red light and strike another vehicle - At 3:24:14 a.m., the officer was at the accused's vehicle - At 3:26:24 a.m., the accused was seated in the police vehicle - At 3:30:32 a.m., the officer made an approved screening device (ASD) breath sample demand - At 3:34 a.m., the accused was arrested and charged with refusing to comply with the demand (s. 254(5) of the Criminal Code) - He asserted that the demand was illegal as it was not made forthwith or immediately on the officer forming his belief that the accused had alcohol in his body - The Saskatchewan Provincial Court rejected the argument and convicted the accused - The demand was made four minutes and eight seconds after the accused was seated in the police vehicle - The police vehicle was the only safe, reasonable place for the officer to make the demand - During that time, the officer started the ASD, did a computer check and wrote a few necessary notes - The officer proceeded in a safe, professional, efficient, timely and respectful manner - There were no unreasonable delays - Any delay was minimal and fully explained.

Cases Noticed:

R. v. Anderson (D.M.) (2011), 366 Sask.R. 175; 506 W.A.C. 175; 2011 SKCA 13, refd to. [para. 11].

R. v. Rezansoff (C.) (2013), 431 Sask.R. 299; 2013 SKQB 384, refd to. [para. 13].

R. v. Luider-Grebnev (Y.) (2013), 413 Sask.R. 33; 2013 SKPC 22, refd to. [para. 13].

R. v. Anderson (J.) (2014), 433 Sask.R. 255; 602 W.A.C. 255; 2014 SKCA 32, refd to. [para. 15].

R. v. Quansah (P.) (2012), 287 O.A.C. 383; 286 C.C.C.(3d) 307; 2012 ONCA 123, refd to. [para. 15].

R. v. Bergen (N.) (2014), 305 Man.R.(2d) 48; 2014 MBQB 84, refd to. [para. 15].

R. v. Grant (D.), [2009] 2 S.C.R. 353; 391 N.R. 1; 253 O.A.C. 124, refd to. [para. 16].

R. v. Viernaskie, [2014] O.J. No. 2236 (C.J.), refd to. [para. 22].

R. v. Lomenda (D.G.) (2014), 440 Sask.R. 222; 2014 SKQB 77, refd to. [para. 23].

R. v. Thompson (A.R.), [2014] A.R. Uned. 268; 2014 ABPC 83, refd to. [para. 23].

R. v. Singh (S.) (2014), 318 O.A.C. 232 (C.A.), refd to. [para. 23].

R. v. Buckle (K.D.) (2013), 432 Sask.R. 135; 2013 SKPC 185, refd to. [para. 23].

R. v. Vogel (T.E.W.), [2010] Sask.R. Uned. 59; 2010 SKPC 36, refd to. [para. 23].

Counsel:

Robin Ritter, for the Crown;

Lisa Watson, for the accused.

This case was heard at Saskatoon, Saskatchewan, by Lavoie, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on June 11, 2014.