R. v. Hotte (B.), 2015 ABQB 323

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 26, 2015
• Citations: 2015 ABQB 323;(2015), 617 A.R. 201 (QB)

R. v. Hotte (B.) (2015), 617 A.R. 201 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MY.123

Her Majesty the Queen (respondent) v. Bryce Hotte (accused/appellant)

(140556051S1; 2015 ABQB 323)

Indexed As: R. v. Hotte (B.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

May 21, 2015.

Summary:

The accused appealed his conviction for operating a motor vehicle while having consumed alcohol (Criminal Code, s. 253(1)(b)). The accused's trial had commenced as a voir dire to determine whether or not his rights under ss. 8 and 9 of the Charter were violated by his delayed release and a strip search. The sergeant had decided to detain the accused for a bail hearing, resulting in 10 additional hours of detention, based on an Edmonton Police Service policy (arrested persons who resided more than 200 kms outside of Edmonton could not be released on a promise to appear). The accused had sought the exclusion of the Certificate of Analysis (Charter, s. 24(2)), and a stay of proceedings (Charter, s. 24(1)). The trial judge found that the strip search was not conducted reasonably, but that the accused's detention was justified. As a remedy for the unreasonable search, the trial judge imposed a sentence reduction. The accused appealed.

The Alberta Court of Queen's Bench granted the appeal, set aside the conviction, and ordered a new trial. The sergeant's detention of the accused based upon the blanket Edmonton Police Service policy was contrary to s. 498 of the Criminal Code (release on the basis of a recognizance); was otherwise unsupported by lawful authority; and was contrary to s. 9 of the Charter. The accused's geographical residence did not provide reasonable and probable grounds for a belief that the accused would fail to attend Court. The palpable and overriding errors warranted appellate intervention because they resulted in an unreasonable verdict or miscarriage of justice. The trial judge's failure to specifically address whether or not to issue a stay of proceedings was a reversible error.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - What constitutes arbitrary detention - See paragraphs 32 to 52.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - See paragraphs 53 to 56.

Civil Rights - Topic 8403

Canadian Charter of Rights and Freedoms - Criminal proceedings - Stay of proceedings - See paragraphs 53 to 56.

Criminal Law - Topic 3309

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - When available - See paragraphs 32 to 52.

Criminal Law - Topic 7633

Summary conviction proceedings - Appeals - New trials - Grounds - See paragraphs 52 to 57.

Criminal Law - Topic 7659

Summary conviction proceedings - Appeals - Grounds - Verdict unreasonable or unsupported by evidence - See paragraphs 31 to 52.

Police - Topic 3061

Powers - Arrest and detention - General - See paragraphs 32 to 52.

Counsel:

Nathan J. Whitling (Beresh Aloneissi O'Neill), for the appellant/accused;

Susanne Thompson (Alberta Justice and Solicitor General), for the respondent.

This appeal was heard on February 26, 2015, before Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment and reasons, dated May 21, 2015.