R. v. Hugo, (1985) 43 Sask.R. 221 (ProvCt)

• Judge: Neville, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 06, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 43 Sask.R. 221 (ProvCt)

R. v. Hugo (1985), 43 Sask.R. 221 (ProvCt)

MLB headnote and full text

R. v. Hugo

Indexed As: R. v. Hugo

Saskatchewan Provincial Court

Neville, P.C.J.

November 6, 1985.

Summary:

The accused was stopped by police during a random spot check and his licence and registration were examined. After noting a smell of alcohol 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 sections 8 and 9 of the Canadian Charter of Rights and Freedoms.

The Saskatchewan Provincial Court 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.

Civil Rights - Topic 1217

Security of the person - Lawful or reasonable search - Unreasonable search and seizure - What constitutes - The Saskatchewan Provincial Court held that stopping a vehicle for a random spot check at a check point does not constitute an unreasonable search and it was a reasonable limit prescribed by law - See paragraphs 9 and 10.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - What constitutes arbitrary detention - The Saskatchewan Provincial Court held that stopping a vehicle for a random spot check at a check point does not constitute arbitrary detention and it was a reasonable limit prescribed by law - See paragraphs 9 and 10.

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law - The Saskatchewan Provincial Court held that stopping a vehicle for a random spot check at a check point does not constitute an unreasonable search and seizure or an arbitrary detention - The court also held that even if the spot checks were unlawful, they were a reasonable limit prescribed by law - See paragraphs 9 and 10.

Highways - Topic 4005

Use of highways - General - Nature of right - A driver was stopped at a random spot check and his licence and registration were inspected - He was given a breathalyzer test when liquor was smelled on his breath and subsequently charged with impaired driving - The Saskatchewan Provincial Court stated that driving on a highway was a licenced activity subject to regulation and control for the protection of life and property - The court held that the police had a common law authority to interfere with the driver's liberty by stopping drivers at a check point.

Police - Topic 3208

Powers - Direction - Random or arbitrary stopping of persons - A driver was stopped at a random spot check and his licence and registration were inspected - He was given a breathalyzer test when liquor was smelled on his breath and subsequently charged with impaired driving - The Saskatchewan Provincial Court held that the police had a common law authority to randomly stop drivers at a check point - See paragraphs 7 and 8.

Cases Noticed:

R. v. Dedman (1985), 60 N.R. 34; 11 O.A.C. 241; 46 C.R.(3d) 193, appld. [para. 6].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 1, sect. 8, sect. 9, sect. 24.

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236.

Vehicles Act, S.S. 1983, c. V-3.1, sect. 22, sect. 37, sect. 83(7).

Counsel:

Marilyn Wilgenbusch, for the Crown;

Douglas Thomas, for the accused.

This case was heard at Weyburn, Saskatchewan, before Neville, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on November 6, 1985: