R. v. Horner (V.K.), (2004) 248 Sask.R. 240 (QB)

• Judge: Baynton, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 05, 2004
• Jurisdiction: Saskatchewan
• Citations: (2004), 248 Sask.R. 240 (QB);2004 SKQB 201

R. v. Horner (V.K.) (2004), 248 Sask.R. 240 (QB)

MLB headnote and full text

Temp. Cite: [2004] Sask.R. TBEd. MY.077

Vern Horner (appellant) v. Her Majesty the Queen (respondent)

(2003 Q.B.C.A. No. 51; 2004 SKQB 201)

Indexed As: R. v. Horner (V.K.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Baynton, J.

May 5, 2004.

Summary:

The accused was charged with impaired driving and driving while he had an excessive blood-alcohol level.

The Saskatchewan Provincial Court, in a decision reported at 240 Sask.R. 302, found the accused guilty of driving while having an excessive blood-alcohol level. The impaired driving charge was dismissed. The accused appealed from the conviction, arguing that the trial judge erred in failing to find that there had been a breach of his ss. 8 and 9 Charter rights. In particular, he argued that the trial judge misconstrued the evidence respecting the police officer's reasons for stopping the vehicle driven by the accused.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - What constitutes arbitrary detention - A police officer was stopped on the side of the road - When a vehicle approaching her did not slow down as a courtesy on the relatively narrow gravel road, the officer decided to stop the vehicle to check the driver's licence and identification, and also to ask the driver if he knew anything about a hit and run accident in the vicinity that she was investigating - The officer activated her lights and gave pursuit - The vehicle did not stop initially, but eventually turned into a farmyard - The accused driver was convicted of driving while his blood-alcohol level exceeded .08 - The trial judge held that the police officer acted in the lawful execution of her duties pursuant to s. 40(8) of the Highway Traffic Act in stopping the vehicle and that the desire to obtain information respecting the hit and run investigation was also within the lawful duties and responsibilities of the police officer - Therefore there was no breach of s. 9 of the Charter - The Saskatchewan Court of Queen's Bench held that the trial judge did not err.

Police - Topic 3204

Powers - Direction - Stopping vehicles - General - [See Civil Rights - Topic 3603 ].

Cases Noticed:

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276, refd to. [para. 13].

R. v. François (L.), [1994] 2 S.C.R. 827; 169 N.R. 241; 73 O.A.C. 161, refd to. [para. 15].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351, refd to. [para. 15].

R. v. Andres, [1982] 2 W.W.R. 249; 1 Sask.R. 96 (C.A.), refd to. [para. 15].

R. v. R.W., [1992] 2 S.C.R. 122; 137 N.R. 214; 54 O.A.C. 164, refd to. [para. 16].

R. v. J.N.B., [1991] 1 S.C.R. 66; 117 N.R. 317; 71 Man.R.(2d) 156, refd to. [para. 16].

R. v. Sewell (E.E.) (2003), 232 Sask.R. 210; 294 W.A.C. 210; 2003 SKCA 52, refd to. [para. 20].

R. v. Power (J.P.) (2003), 236 Sask.R. 40; 2003 SKQB 334, refd to. [para. 20].

R. v. Casselman (C.H.) (2002), 167 Man.R.(2d) 305; 2002 MBQB 247, refd to. [para. 20].

R. v. Ladouceur, [1990] 1 S.C.R. 1257; 108 N.R. 171; 40 O.A.C. 1, refd to. [para. 22].

R. v. Duncanson (1991), 93 Sask.R. 193; 4 W.A.C. 193; 12 C.R.(4th) 86 (C.A.), affd. [1992] 1 S.C.R. 836; 135 N.R. 117; 97 Sask.R. 96; 12 W.A.C. 96, refd to. [para. 22].

R. v. Wotherspoon (R.H.) (1997), 159 Sask.R. 227 (Q.B.), refd to. [para. 22].

R. v. Mellenthin, [1992] 3 S.C.R. 615; 144 N.R. 50; 135 A.R. 1; 33 W.A.C. 1, refd to. [para. 22].

R. v. Brown (L.) (2001), 210 Sask.R. 295; 2001 SKQB 382, refd to. [para. 23].

R. v. Ladouceur (M.J.), [2002] 9 W.W.R. 209; 223 Sask.R. 161; 277 W.A.C. 161; 2002 SKCA 73, refd to. [para. 23].

R. v. Lott (E.C.) (1998), 174 Sask.R. 133 (Q.B.), refd to. [para. 24].

R. v. Waskewitch (V.) (2001), 208 Sask.R. 71; 2001 SKQB 249, refd to. [para. 24].

R. v. Rost (K.O.) (1999), 176 Sask.R. 260 (Q.B.), refd to. [para. 24].

R. v. Simpson (R.) (1993), 60 O.A.C. 327; 79 C.C.C.(3d) 482 (C.A.), refd to. [para. 27].

R. v. Oakes, [1986] 1 S.C.R. 103; 65 N.R. 87; 14 O.A.C. 335; 50 C.R.(3d) 1, refd to. [para. 27].

R. v. Thomsen, [1988] 1 S.C.R. 640; 84 N.R. 347; 27 O.A.C. 85, refd to. [para. 28].

Statutes Noticed:

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 40(8) [para. 21].

Counsel:

Dean M. Rask, for the appellant;

Sheryl J. Fillo, for the Crown.

This appeal was heard before Baynton, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on May 5, 2004.