R. v. Neufeld (S.H.), 2015 SKPC 92

• Judge: Kovatch, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 29, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 92;(2015), 477 Sask.R. 305 (PC)

R. v. Neufeld (S.H.) (2015), 477 Sask.R. 305 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.020

Her Majesty the Queen v. Steven Howard Neufeld

(Information: 37252976; 2015 SKPC 92)

Indexed As: R. v. Neufeld (S.H.)

Saskatchewan Provincial Court

Kovatch, P.C.J.

June 29, 2015.

Summary:

The accused was charged with driving while having an excessive blood-alcohol content and impaired driving. The accused asserted that the officer who arrested him breached his s. 10(a) and s. 10(b) Charter rights.

The Saskatchewan Provincial Court found that the accused's Charter rights were not breached.

Civil Rights - Topic 3142

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Arrest or detention - Right to be informed of reasons for (Charter, s. 10(a)) - A police officer was investigating a disturbance at a convenience store - He had been advised that the individual involved was a male who had left the store driving a white truck - The officer observed a white truck being driven by a single occupant (the accused) - The officer activated his emergency lights - The truck turned onto a street and stopped in front of a home - The accused began walking up the driveway to the home - The officer exited his vehicle and asked the accused to come back to speak to him - The officer asked the accused if he had been involved in an incident at the store - The accused responded in the negative - The officer smelled alcohol on the accused's breath and noted his bloodshot eyes - In response to the officer's question, the accused indicated that he had had a couple of drinks - The accused failed an Approved Screening Device (ASD) test and submitted to a breathalyzer test - He was charged with impaired driving offences - The accused asserted that the officer had breached his s. 10(a) and s. 10(b) Charter rights when the officer called him back to ask him questions, and did not immediately advise him of his Charter rights - The Saskatchewan Provincial Court held that there was no Charter breach - In addition, the officer's observations of indicia of impairment during his investigation of the convenience store disturbance did not constitute evidence against the accused - Since no relevant evidence was obtained by the alleged Charter breach, there was nothing to exclude and no Charter relief was available - See paragraphs 5 to 10.

Civil Rights - Topic 4602

Right to counsel - General - Denial of - Evidence taken inadmissible - [See Civil Rights -Topic 3142 ].

Civil Rights - Topic 4604

Right to counsel - General - Denial of or interference with - What constitutes - [See Civil Rights - Topic 3142 ].

Civil Rights - Topic 4604

Right to counsel - General - Denial of or interference with - What constitutes - The accused failed an Approved Screening Device test - The investigating officer read the accused his Charter rights and asked him if wanted to call a lawyer "now" - The accused said no - The officer made a breathalyzer demand - The accused was taken to the police station where he provided breath samples - The accused was charged with impaired driving offences - The accused asserted that the officer breached his s. 10(b) Charter rights in that there was no clear and unequivocal waiver, and the officer did not take further steps to advise him of his right to counsel - The Saskatchewan Provincial Court rejected the assertion - See paragraph 11.

Civil Rights - Topic 4609.1

Right to counsel - General - Duty of police investigators - [See Civil Rights - Topic 3142 and Civil Rights - Topic 4604 ].

Civil Rights - Topic 4612

Right to counsel - General - Waiver or abandonment of - [See Civil Rights - Topic 4604 ].

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 3142 ].

Police - Topic 2211

Duties - General duties - Duty to arrested person - [See Civil Rights - Topic 3142 and Civil Rights - Topic 4604 ].

Police - Topic 3105

Powers - Investigation - Impaired driving (incl. sobriety tests etc.) - [See Civil Rights - Topic 3142 ].

Counsel:

Brian Hendrickson, Q.C., for the Crown;

Merv Nidesh, Q.C., for the accused.

This Charter voir dire was heard at Moose Jaw, Saskatchewan, by Kovatch, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on June 29, 2015.