R. v. Olson (B.K.), (2014) 440 Sask.R. 19 (PC)

• Judge: Rybchuk, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 10, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 440 Sask.R. 19 (PC);2014 SKPC 33

R. v. Olson (B.K.) (2014), 440 Sask.R. 19 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MR.024

Her Majesty the Queen v. Brett Kelly Olson

(Information No. 24478009; 2014 SKPC 33)

Indexed As: R. v. Olson (B.K.)

Saskatchewan Provincial Court

Rybchuk, P.C.J.

March 10, 2014.

Summary:

The accused was charged with operating a motor vehicle while impaired by alcohol, operating a motor vehicle while having an excessive blood-alcohol level, operating a motor vehicle in a manner dangerous to the public, and obstructing peace officers engaged in the execution of their duties by lying and providing false information. The charges arose from an accident on July 2, 2012. At issue was whether the statements made by the accused to Cst. Taylor when she arrived at the scene of the accident were inadmissible as statutorily compelled statements pursuant to the Traffic Safety Act and a violation of s. 7 of the Charter.

The Saskatchewan Provincial Court concluded that the accused made the statements freely, without being influenced by any belief that he was required by law to make them. His motivation for making the statements was for reasons other than those contained in the Traffic Safety Act. The accused failed to establish a violation of s. 7 of the Charter. The court admitted the statements made by the accused to Cst. Taylor into evidence in the trial.

Civil Rights - Topic 3160

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to remain silent (Charter, s. 7) - [See Criminal Law - Topic 5339 ].

Criminal Law - Topic 5339

Evidence - Witnesses - Confessions and voluntary statements - Admissibility - Statements made under statutory compulsion - The accused was charged with operating a motor vehicle while impaired by alcohol, operating a motor vehicle while having an excessive blood-alcohol level, operating a motor vehicle in a manner dangerous to the public, and obstructing peace officers engaged in the execution of their duties by lying and providing false information - The charges arose from an accident on July 2, 2012 - At issue was whether the statements made by the accused to Cst. Taylor when she arrived at the scene of the accident were inadmissible as statutorily compelled statements pursuant to the Traffic Safety Act and a violation of s. 7 of the Charter - The Saskatchewan Provincial Court concluded that the accused made the statements freely, without being influenced by any belief that he was required by law to make them - His motivation for making the statements was for reasons other than those contained in the Traffic Safety Act - The accused failed to establish a violation of s. 7 of the Charter - The court admitted the statements made by the accused to Cst. Taylor into evidence in the trial.

Cases Noticed:

R. v. White (J.K.), [1999] 2 S.C.R. 417; 240 N.R. 1; 123 B.C.A.C. 161; 201 W.A.C. 161, refd to. [para. 15].

R. v. Powers (M.J.) (2006), 231 B.C.A.C. 155; 381 W.A.C. 155; 2006 BCCA 454, refd to. [para. 15].

R. v. Soules (S.) (2011), 278 O.A.C. 247; 2011 ONCA 429, refd to. [para. 15].

R. v. McTaggart (G.W.) (2003), 244 Sask.R. 166; 2003 SKQB 525, refd to. [para. 15].

R. v. Scharf (M.L.) (2013), 429 Sask.R. 185; 2013 SKQB 327, refd to. [para. 15].

R. v. Gamble (B.E.), [2007] Sask.R. Uned. 53; 2007 SKPC 74, refd to. [para. 15].

R. v. By (B.H.) (2013), 413 Sask.R. 144; 2013 SKPC 29, refd to. [para. 15].

Counsel:

Lori O'Connor, for the Crown;

Michael Owens, for the accused.

This voir dire was heard at Nipawin, Saskatchewan, before Rybchuk, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on March 10, 2014.