R. v. Northrop (W.N.), (1995) 132 Sask.R. 245 (ProvCt)

• Judge: Meagher, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: May 11, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 132 Sask.R. 245 (ProvCt)

R. v. Northrop (W.N.) (1995), 132 Sask.R. 245 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. William N. Northrop

Indexed As: R. v. Northrop (W.N.)

Saskatchewan Provincial Court

Meagher, P.C.J.

May 11, 1995.

Summary:

An accused was charged with impaired driving and driving with an excessive blood-alcohol level. At trial, the accused opposed the introduction of the certificate of analysis into evidence, asserting that his s. 10(b) Charter right to retain and instruct counsel had been violated.

The Saskatchewan Provincial Court ruled that the accused's s. 10(b) Charter right had been violated and excluded the certificate under s. 24(2).

Civil Rights - Topic 4602

Right to counsel - Denial of - Evidence taken inadmissible - [See Civil Rights - Topic 4615 ].

Civil Rights - Topic 4615

Right to counsel - Instructing counsel - Right to privacy - Police suspected that an accused was impaired - They took him to the police station where they gave him a breathalyzer demand and afforded him the right to consult a lawyer - The only tele­phone available to ensure privacy from the police was in the cell block - When he made his phone call there was a prisoner within hearing distance - The accused was charged with impaired driving and driving with an excessive blood-alcohol level - At trial, he asserted that his s. 10(b) Charter right to retain and instruct counsel in privacy had been violated - The Saskatchewan Provincial Court ruled that the police had violated the accused's s. 10(b) right and excluded the certificate of analysis from evidence under s. 24(2).

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 4615 ].

Cases Noticed:

R. v. Miller (J.H.) (1990), 87 Nfld. & P.E.I.R. 55; 271 A.P.R. 55; 1 C.R.(4th) 57 (Nfld. C.A.), consd. [para. 7].

R. v. Playford (1987), 24 O.A.C. 161; 61 C.R.(3d) 101 (C.A.), consd. [para. 8].

R. v. Gilbert (1988), 24 O.A.C. 150; 61 C.R.(3d) 149 (C.A.), refd to. [para. 9].

R. v. Therens, [1985] 1 S.C.R. 613; 59 N.R. 122; 40 Sask.R. 122; [1985] 4 W.W.R. 286; 18 D.L.R.(4th) 655; 32 M.V.R. 153; 45 C.R.(3d) 97; 18 C.C.C.(3d) 481, refd to. [para. 12].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [para. 3 et seq.]; sect. 24(2) [paras. 4, 10, 12].

Counsel:

W. Wall, Q.C., for the Crown;

R. Piche, for the accused.

This case was heard at Saskatoon, before Meagher, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on May 11, 1995.