R. v. Hodder (C.), 2012 ABQB 133

• Judge: Tilleman, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 21, 2011
• Citations: 2012 ABQB 133;(2012), 537 A.R. 122 (QB)

R. v. Hodder (C.) (2012), 537 A.R. 122 (QB)

MLB headnote and full text

Temp. Cite: [2012] A.R. TBEd. MR.166

Her Majesty the Queen (Crown) v. Colleen Hodder (defendant)

(101004240S1; 2012 ABQB 133)

Indexed As: R. v. Hodder (C.)

Alberta Court of Queen's Bench

Judicial District of Fort McMurray

Tilleman, J.

February 29, 2012.

Summary:

The accused was charged with dangerous driving, impaired driving and refusal to provide a blood sample. The accused asserted that the police officer did not have reasonable grounds to make the blood demand, contrary to the accused's s. 8 Charter rights. She sought to have the evidence of her refusal excluded pursuant to s. 24(2) of the Charter.

The Alberta Court of Queen's Bench allowed the application.

Criminal Law - Topic 1372

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer or blood sample - Demand - Reasonable grounds - Late one evening, the accused drove a car dangerously in a residential area of Fort McMurray - As a result, her car collided with parked cars on the street leaving property damage and causing some minor personal injuries to herself - After being taken to hospital, the investigating officer made a blood demand which the accused refused - The officer then "Chartered" and arrested the accused - The accused was charged with dangerous driving, impaired driving and refusal to provide a blood sample - The accused asserted that the police officer did not have reasonable grounds to make the blood demand, contrary to the accused's s. 8 Charter rights - She sought to have the evidence of her refusal excluded pursuant to s. 24(2) of the Charter - The Alberta Court of Queen's Bench allowed the application - The officer subjectively believed the accused was impaired, because of the accused's unexplained collision into parked cars; admitting to having consumed alcohol; and belligerence and uncooperative behaviour - The officer might subjectively have had grounds to make her demand, however, objectively they were not reasonable - The blood demand lacked reasonable and probable grounds and the refusal was therefore inadmissible.

Cases Noticed:

R. v. Shepherd (C.), [2009] 2 S.C.R. 527; 391 N.R. 132; 331 Sask.R. 306; 460 W.A.C. 306; 2009 SCC 35, refd to. [para. 9].

R. v. Stellato (T.) (1993), 61 O.A.C. 217; 12 O.R.(3d) 90 (C.A.), affd. [1994] 2 S.C.R. 478; 168 N.R. 190; 72 O.A.C. 140, refd to. [para. 10].

R. v. Bernshaw (N.), [1995] 1 S.C.R. 254; 176 N.R. 81; 53 B.C.A.C. 1; 87 W.A.C. 1, refd to. [para. 11].

R. v. Rhyason (B.P.), [2007] 3 S.C.R. 108; 365 N.R. 200; 412 A.R. 282; 404 W.A.C. 282; 2007 SCC 39, refd to. [para. 13].

R. v. Watson (G.J.) (2010), 295 B.C.A.C. 119; 501 W.A.C. 119; 2010 BCCA 270, refd to. [para. 14].

R. v. Harvey (W.T.) (2009), 238 Man.R.(2d) 284; 2009 MBQB 57, refd to. [para. 14].

R. v. McConnell (J.A.), [2008] B.C.T.C. Uned. B71; 2008 BCSC 505, refd to. [para. 16].

R. v. Huddle (1989), 102 A.R. 144 (C.A.), refd to. [para. 17].

R. v. Oduneye (1995), 169 A.R. 353; 97 W.A.C. 353 (C.A.), refd to. [para. 18].

R. v. Pavel (1989), 36 O.A.C. 328; 53 C.C.C.(3d) 296 (C.A.), refd to. [para. 19].

R. v. Andrews (M.A.) (1996), 178 A.R. 182; 110 W.A.C. 182 (C.A.), refd to. [para. 24].

R. v. McClelland (B.L.) (1995), 165 A.R. 332; 89 W.A.C. 332 (C.A.), refd to. [para. 26].

R. v. Neil (C.J.), [2009] A.R. Uned. 284; 2009 ABQB 199, refd to. [para. 33, footnote 26].

R. v. Bush (G.G.) (2010), 268 O.A.C. 175; 2010 ONCA 554, refd to. [para. 33, footnote 27].

R. v. Grenke (M.J.) (2011), 527 A.R. 186; 2011 ABQB 565, refd to. [para. 33, footnote 28].

Counsel:

Dane Rolfe and W.M. Wister, for the Crown;

Jason McKen, for the defendant.

This application was heard on December 21, 2011, by Tilleman, J., of the Alberta Court of Queen's Bench, Judicial District of Fort McMurray, who delivered the following reasons for voir dire on February 29, 2012.