R v McKinnon, 2020 ABPC 86

JudgeHonourable Judge Bruce R. Fraser
CourtProvincial Court of Alberta (Canada)
Case DateMay 11, 2020
JurisdictionAlberta
Citations2020 ABPC 86
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6 practice notes
  • R v Daytec,
    • Canada
    • Provincial Court of Alberta (Canada)
    • 4 Febrero 2021
    ...failed or refused to provide a suitable sample. [57] This is the same conclusion reached by my brother Judge Fraser in R. v. McKinnon, 2020 ABPC 86. There Judge Fraser was considering the proper interpretation of the current S. 320.15(1), the same section under which Mr. Daytec is charged i......
  • R v Slowinski,
    • Canada
    • Provincial Court of Alberta (Canada)
    • 21 Mayo 2021
    ...this jurisdiction that concludes that the onus still remains on an accused notwithstanding the repeal of s. 794(2) CC - see R v McKinnon, 2020 ABPC 86 at paras 29-32 (subsequently followed in R v Daytec, 2021 ABPC 48). Fortunately, it is not absolutely essential to decide that issue in this......
  • R v Turnbull,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 13 Enero 2022
    ...doubt [are] that the accused knew a demand had been made and she failed to supply a suitable sample of her breath": R v McKinnon, 2020 ABPC 86 at para 22. The Crown need not prove that the accused person intentionally or wilfully failed or refused to provide a suitable breath sample: R......
  • Hayley Bradley v. Her Majesty the Queen,
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • 10 Febrero 2022
    ...[72] R. v. Turnbull, 2021 ABPC 163 [73] Turnbull, supra at para. 36 [74] R. v. Peterson, 2019 NBCA 42, at para. 7 [75] R. v. McKinnon, 2020 ABPC 86 [76] McKinnon, supra at para. 20 [77] McKinnon, supra at paras. 22-23 [78] R. v. Goleski, 2015 SCC 6 [79] R. v. Crosthwaite, [1980] 1 S.C.R. 10......
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6 cases
  • R v Daytec,
    • Canada
    • Provincial Court of Alberta (Canada)
    • 4 Febrero 2021
    ...failed or refused to provide a suitable sample. [57] This is the same conclusion reached by my brother Judge Fraser in R. v. McKinnon, 2020 ABPC 86. There Judge Fraser was considering the proper interpretation of the current S. 320.15(1), the same section under which Mr. Daytec is charged i......
  • R v Slowinski,
    • Canada
    • Provincial Court of Alberta (Canada)
    • 21 Mayo 2021
    ...this jurisdiction that concludes that the onus still remains on an accused notwithstanding the repeal of s. 794(2) CC - see R v McKinnon, 2020 ABPC 86 at paras 29-32 (subsequently followed in R v Daytec, 2021 ABPC 48). Fortunately, it is not absolutely essential to decide that issue in this......
  • R v Turnbull,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 13 Enero 2022
    ...doubt [are] that the accused knew a demand had been made and she failed to supply a suitable sample of her breath": R v McKinnon, 2020 ABPC 86 at para 22. The Crown need not prove that the accused person intentionally or wilfully failed or refused to provide a suitable breath sample: R......
  • Hayley Bradley v. Her Majesty the Queen,
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • 10 Febrero 2022
    ...[72] R. v. Turnbull, 2021 ABPC 163 [73] Turnbull, supra at para. 36 [74] R. v. Peterson, 2019 NBCA 42, at para. 7 [75] R. v. McKinnon, 2020 ABPC 86 [76] McKinnon, supra at para. 20 [77] McKinnon, supra at paras. 22-23 [78] R. v. Goleski, 2015 SCC 6 [79] R. v. Crosthwaite, [1980] 1 S.C.R. 10......
  • Request a trial to view additional results

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