R. v. Houben (K.), (2004) 246 Sask.R. 34 (PC)

• Judge: Turpel-Lafond, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 05, 2004
• Jurisdiction: Saskatchewan
• Citations: (2004), 246 Sask.R. 34 (PC);2004 SKPC 26

R. v. Houben (K.) (2004), 246 Sask.R. 34 (PC)

MLB headnote and full text

Temp. Cite: [2004] Sask.R. TBEd. MR.043

Her Majesty the Queen v. Kenneth Houben

(2004 SKPC 26)

Indexed As: R. v. Houben (K.)

Saskatchewan Provincial Court

Turpel-Lafond, P.C.J.

March 5, 2004.

Summary:

The accused was charged with driving while over .08. The accused challenged the admissibility of the certificate of analyses, alleging that he had been arbitrarily detained contrary to s. 9 of the Charter.

The Saskatchewan Provincial Court held that the accused had been arbitrarily detained and the certificate evidence should be excluded.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - Arbitrary detention - What constitutes - Two police officers stopped the accused's vehicle at 2:45 a.m. - In response to one officer's inquiry, the accused admitted having had a few drinks - The officer administered a roadside screening test, then made a breathalyzer demand - The accused was charged with driving while over .08 - The Saskatchewan Provincial Court held that the accused had been arbitrarily detained contrary to s. 9 of the Charter and the certificate evidence should be excluded - The accused was doing nothing untoward when he was detained - The genuine intention in stopping his vehicle was "preventative policing" - Two police officers stopped a citizen to rule out suspicious behaviour because they viewed all drivers on the street at this time as potentially suspicious.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 3603 ].

Police - Topic 3204

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

Police - Topic 3208

Powers - Direction - Random or arbitrary stopping of persons - [See Civil Rights - Topic 3603 ].

Cases Noticed:

R. v. Ladouceur (M.J.) (2002), 223 Sask.R. 161; 277 W.A.C. 161; 2 C.R.(6th) 68; 165 C.C.C.(3d) 321 (C.A.), refd to. [para. 16].

R. v. Lott (E.C.) (1998), 174 Sask.R. 133 (Q.B.), refd to. [para. 16].

R. v. Checkosis (C.V.) (1999), 190 Sask.R. 134; 49 M.V.R.(3d) 303 (Prov. Ct.), refd to. [para. 16].

R. v. Ladouceur, [1990] 1 S.C.R. 1257; 108 N.R. 171; 40 O.A.C. 1, refd to. [para. 16].

R. v. Duncanson (1991), 93 Sask.R. 193; 4 W.A.C. 193 (C.A.), refd to. [para. 16].

R. v. Emke (1989), 74 Sask.R. 276 (C.A.), refd to. [para. 17].

R. v. Schaeffer (D.B.) (2003), 244 Sask.R. 197 (Q.B.), refd to. [para. 20].

Rice v. Connolly, [1966] 2 All E.R. 649, not folld. [para. 21].

Counsel:

B. Klause, for the Crown;

M. Vanstone, for the accused.

This voir dire was heard by Turpel-Lafond, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on March 5, 2004.