R. v. Carlson (S.L.), 2015 ABPC 170

• Judge: Allen, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: July 28, 2015
• Citations: 2015 ABPC 170;[2015] A.R. TBEd. AU.025

R. v. Carlson (S.L.), [2015] A.R. TBEd. AU.025

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. AU.025

Her Majesty the Queen v. Shayne Lucas Carlson

(150083046P1; 2015 ABPC 170)

Indexed As: R. v. Carlson (S.L.)

Alberta Provincial Court

Allen, P.C.J.

July 28, 2015.

Summary:

The accused sought to exclude a breath technician's certificate under s. 24(2) of the Charter on the basis that his s. 10(b) Charter right to counsel had been violated.

The Alberta Provincial Court discussed the relationship between providing a reasonable opportunity to consult counsel and due diligence by the accused. The court found that the accused's s. 10(b) Charter rights had not been infringed. Alternatively, the court still would have found that the breath technician's certificate should not be excluded.

Civil Rights - Topic 4604

Right to counsel - General - Denial of or interference with - What constitutes - See paragraphs 1 to 74.

Civil Rights - Topic 4609.1

Right to counsel - Duty of police investigators - See paragraphs 31 to 68.

Civil Rights - Topic 4610

Right to counsel - General - Impaired driving (incl. demand for breath or blood sample) - See paragraphs 1 to 94.

Civil Rights - Topic 4620.4

Right to counsel - General - Duty of accused to act diligently - See paragraphs 35 to 68.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - See paragraphs 75 to 93.

Counsel:

Matthew Griener, for the respondent/Crown;

Brian McGlashan, for the applicant/accused.

This voir dire was heard by Allen, P.C.J., of the Alberta Provincial Court, who delivered the following decision on July 28, 2015.