R. v. Hugo, (1987) 54 Sask.R. 82 (CA)

• Judge: Tallis, Vancise and Gerwing, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: July 07, 1986
• Jurisdiction: Saskatchewan
• Citations: (1987), 54 Sask.R. 82 (CA)

R. v. Hugo (1987), 54 Sask.R. 82 (CA)

MLB headnote and full text

R. v. Hugo

(No. 2426)

Indexed As: R. v. Hugo

Saskatchewan Court of Appeal

Tallis, Vancise and Gerwing, JJ.A.

January 29, 1987.

Summary:

The accused was stopped by police during a random spot check and his licence and registration were examined. After a smell of alcohol was noted on his breath the accused was asked to submit to an A.L.E.R.T. test and a breathalyzer test. He was subsequently charged with impaired driving contrary to s. 236 of the Criminal Code of Canada. The accused raised as a defence a violation of ss. 8 and 9 of the Canadian Charter of Rights and Freedoms.

The Saskatchewan Provincial Court in a decision reported at 43 Sask.R. 221 convicted the accused. The court held that the search of the accused was not unreasonable nor was he arbitrarily detained. The court also held that it is common knowledge that check points are established on major highways from time to time and that there is common law authority for stopping vehicles at a check point. The accused appealed.

The Summary Conviction Appeal Court in a decision unreported in this series of reports, affirmed the conviction. The accused appealed.

The Saskatchewan Court of Appeal in the following decision allowed the appeal, quashed the conviction and entered an acquittal pursuant to the principles established by the court in R. v. Iron (1987), 53 Sask.R. 241.

Cases Noticed:

R. v. Iron (1987), 53 Sask.R. 241, appld. [para. 1].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 236 [para. 1].

Counsel:

D.R. Thomas, for the appellant, Hugo;

G. Lepp, for the Crown.

This appeal was heard on July 7, 1986, before Tallis, Vancise and Gerwing, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered by Tallis, J.A., on January 29, 1987:

This appeal was heard on July 7, 1986, before Tallis, Vancise and Gerwing, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered by Tallis, J.A., on January 29, 1987: