R. v. Eden, (1972) 84 Sask.R. 281 (CA)

• Judge: Culliton, C.J.S., Maguire and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: July 21, 1972
• Jurisdiction: Saskatchewan
• Citations: (1972), 84 Sask.R. 281 (CA)

R. v. Eden (1972), 84 Sask.R. 281 (CA)

MLB headnote and full text

Her Majesty The Queen (respondent) v. Edward Eden (appellant)

(No. 5147)

Indexed As: R. v. Eden

Saskatchewan Court of Appeal

Culliton, C.J.S., Maguire and Hall, JJ.A.

July 21, 1972.

Summary:

The accused was charged with a breathalyzer offence. The accused volunteered to give a breathalyzer sample before being asked to by the police. The accused failed the test. At the trial, the accused submitted that the breathalyzer evidence had no probative value because he was never given a proper demand.

The Saskatchewan Magistrates Court, in a decision not reported in this series of reports, convicted the accused. The accused appealed by way of stated case.

The Saskatchewan Court of Queen's Bench, in a decision not reported in this series of reports, affirmed the conviction. The accused appealed.

The Saskatchewan Court of Appeal dismissed the appeal and confirmed the conviction.

Editor's note: This case was only recently brought to our attention.

Criminal Law - Topic 1375

Motor vehicles - Impaired driving - Breathalyzer - Demand for blood or breath sample - An accused volunteered to give a breathalyzer sample - At trial, the accused submitted that the breathalyzer results were of no probative value because he was not given a proper demand - The Saskatchewan Court of Appeal affirmed the accused's conviction - The court stated that no specific words were necessary to establish a demand; it would depend on the circumstances - Therefore, when an accused volunteers to give a breath sample "there arises by implication an irrebuttable presumption that the sample was given pursuant to a demand by the peace officer in accordance with [the] section ..." - See paragraph 7.

Cases Noticed:

R. v. Ackerman (1972), 6 C.C.C.(2d), 425, refd to. [para. 6].

Statutes Noticed:

Criminal Code, S.C. 1953-54, c. 51, sect. 224.

Criminal Code, R.S.C. 1970, c. C-34, sect. 236.

Counsel:

J.S. Gagnon, Q.C., for the appellant;

C.E. Musk, for the Crown.

This appeal was heard by Culliton, C.J.S., Maguire and Hall, JJ.A., of the Saskatchewan Court of Appeal.

The decision of the Court of Appeal was delivered on July 21, 1972 by Culliton, C.J.S.