R. v. D.K.D., (1998) 236 A.R. 385 (ProvCt)

• Judge: Brownlee, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: December 11, 1998
• Citations: (1998), 236 A.R. 385 (ProvCt)

R. v. D.K.D. (1998), 236 A.R. 385 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] A.R. TBEd. FE.065

R. v. D.K.D.

(No. 71280085Y1-0101)

Indexed As: R. v. D.K.D.

Alberta Provincial Court

Youth Division

Brownlee, P.C.J.

December 11, 1998.

Summary:

The accused young person was charged with driving while having an excessive blood-alcohol level. The Crown sought to enter the certificate of analysis into evidence at the trial. The defence objected on the basis of alleged breaches of the accused's rights under s. 56 of the Young Offenders Act and s. 10(b) of the Charter.

The Alberta Provincial Court found no breach of the accused's rights and ruled that the certificate of analysis was admissible.

Civil Rights - Topic 4604

Right to counsel - Denial of or interference with - What constitutes - [See Criminal Law - Topic 8714 ].

Civil Rights - Topic 4609.1

Right to counsel - Duty of police investigators - [See Criminal Law - Topic 8714 ].

Civil Rights - Topic 4610

Right to counsel - Impaired driving - Demand for breath or blood sample - [See Criminal Law - Topic 8714 ].

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Criminal Law - Topic 8714 ].

Criminal Law - Topic 5347

Evidence and witnesses - Confessions and voluntary statements - Young offenders - The accused young offender was charged with driving while having an excessive blood-alcohol content - The defence opposed admission of the certificate of analysis into evidence - The defence argued, inter alia, that a response to a breath demand, whether compliance or refusal by words, acts or gestures, was a statement by the accused to a peace officer and compliance with s. 56 of the Young Offenders Act was required - The Alberta Provincial Court agreed with the defence that the accused's verbal compliance to the breath demand was not admissible - However, the court rejected the defence argument where the Crown's case depended upon the admissibility of the results of the breath samples and not on the admissibility of the accused's verbal compliance - See paragraphs 7 to 10.

Criminal Law - Topic 8714

Young offenders - Right to counsel - The Alberta Provincial Court stated that "a peace officer must be alive to the possibility that a young person, be he detained, arrested or a suspect, may wish to consult with a parent to help him decide whether to talk to a lawyer and that if the officer becomes aware the young person wishes to speak to a parent for that purpose, regardless of whether the young person or the parent is initiating that discussion, he must stop his investigation and permit such discussion to take place" - The court found no breach of s. 10(b) of the Charter in the case before it where there was no evidence brought to the police officer's attention that the accused wished to talk to a parent to assist him in deciding whether or not to consult a lawyer - A simple wish to talk to a parent was not enough, the accused must have indicated why he wanted to talk to a parent - See paragraphs 23 to 25 - Further, even if there was a Charter breach, admission of the evidence (certificate of analysis) could not bring the administration of justice into disrepute - See paragraphs 27 to 35.

Cases Noticed:

R. v. Stapleton (1982), 66 C.C.C.(2d) 231 (Ont. C.A.), refd to. [para. 8].

R. v. D.J.L. (1995), 139 Sask.R. 47; 18 M.V.R.(3d) 231 (Q.B.), refd to. [para. 11].

R. v. P.P. (1987), 12 M.V.R.(2d) 236 (Ont. Dist. Ct.), consd. [para. 17].

R. v. McNeilly (1988), 3 Y.R. 214; 10 M.V.R.(2d) 142 (S.C.), consd. [para. 19].

R. v. P.R.C. (1992), 107 Sask.R. 69; 78 C.C.C.(2d) 442 (Q.B.), consd. [para. 20].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 38 D.L.R.(4th) 508, appld. [para. 29].

R. v. Rothman, [1981] 1 S.C.R. 640; 35 N.R. 485, refd to. [para. 30].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [para. 15].

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 56 [para. 3].

Counsel:

P. Mackenzie, for the Crown;

I. McNish, for the accused.

This matter was heard before Brownlee, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following decision on December 11, 1998.