R. v. McVay, (1982) 42 N.B.R.(2d) 242 (PC)

• Judge: Rice, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: September 27, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 42 N.B.R.(2d) 242 (PC)

R. v. McVay (1982), 42 N.B.R.(2d) 242 (PC);

    42 R.N.-B.(2e) 242; 110 A.P.R. 242

MLB headnote and full text

Sommaire et texte intégral

R. v. McVay

(24904)

Indexed As: R. v. McVay

Répertorié: R. v. McVay

New Brunswick Provincial Court

Rice, P.C.J.

September 27, 1982.

Summary:

Résumé:

The accused was charged with refusal to comply with a breathalyzer demand. The police officer, who stopped the accused, read him the breathalyzer demand and the "Charter Notice" of his right to counsel without interruption or distinguishing between the two. At the end the officer asked him if he understood and he said "Yes". He failed to give adequate breath samples and was charged with refusal. The accused claimed that he did not know that he was entitled to speak to counsel before taking the test.

The New Brunswick Provincial Court acquitted the accused on the ground that the police officer failed to adequately inform the accused of his right to speak to counsel.

Civil Rights - Topic 4609

Right to counsel - General - Duty of judge or authority to notify accused of or explain right to counsel - The New Brunswick Provincial Court held that an accused was not adequately informed of his right to counsel under the Canadian Charter of Rights and Freedoms, where the police officer read the accused a breathalyzer demand and the "Charter Notice" without interruption and without distinguishing between the two - See paragraphs 3 to 6.

Criminal Law - Topic 1378

Motor vehicle - Impaired driving - Breathalyzer - Excuse for refusal to provide breath samples - The New Brunswick Provincial Court acquitted an accused on a charge of refusal, where the accused was inadequately informed of his right to counsel under the Canadian Charter of Rights and Freedoms - The court held that it was not sufficient for the police officer to read the accused the breathalyzer demand and the "Charter Notice" of right to counsel without interruption or distinguishing between the two - See paragraphs 3 to 6.

Statutes Noticed:

Canadian Charter of Rights and Freedoms (1982), sect. 10(b).

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235.

Counsel:

[None disclosed.]

This case was heard at St. Stephen, N.B., before RICE, P.C. J., of the Provincial Court, who delivered the following judgment on September 27, 1982: