R. v. Peterson (J.), 2002 SKQB 489

• Judge: Smith, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 02, 2002
• Jurisdiction: Saskatchewan
• Citations: 2002 SKQB 489;(2002), 228 Sask.R. 318 (QB)

R. v. Peterson (J.) (2002), 228 Sask.R. 318 (QB)

MLB headnote and full text

Temp. Cite: [2002] Sask.R. TBEd. DE.040

Jonathan Peterson (appellant) v. Her Majesty the Queen (respondent)

(2002 Q.B.C.A. No. 14; 2002 SKQB 489)

Indexed As: R. v. Peterson (J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Wynyard

Smith, J.

December 2, 2002.

Summary:

The accused was convicted of operating a motor vehicle while having an excessive blood-alcohol level. The accused appealed, arguing that the certificate of analysis should have been excluded from evidence pursuant to s. 24(2) of the Charter on the ground that it was obtained in violation of his right under s. 9 of the Charter not to be arbitrarily detained.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - What constitutes arbitrary detention - Police officers saw a vehicle driven by the accused stopped about 25 feet from a stop sign - The vehicle then moved forward to the stop sign - The officers proceeded to the vehicle and asked the accused for his driver's license and registration, which he produced - A bottle of beer was spotted in the car - The accused was asked if he had consumed alcohol that evening and he responded that he had - A screening device demand was made - The accused recorded a fail - A breathalyzer demand was made and the accused was subsequently convicted of driving while having an excessive blood-alcohol level - The accused appealed - He argued that while the officers were entitled, pursuant to s. 40(8) of the Highway Traffic Act, to stop the vehicle and require him to produce his driver's license and registration, after those were produced the authority to detain him ended and he was arbitrarily detained after that point - The Saskatchewan Court of Queen's Bench rejected the argument and dismissed the appeal.

Police - Topic 3061

Powers - Arrest and detention - General - [See Civil Rights - Topic 3603 ].

Police - Topic 3105

Powers - Investigation - Impaired driving (incl. sobriety tests etc.) - [See Civil Rights - Topic 3603 ].

Police - Topic 3109

Powers - Investigation - Motor vehicles - [See Civil Rights - Topic 3603 ].

Police - Topic 3204

Powers - Direction - Stopping vehicles - General - [See Civil Rights - Topic 3603 ].

Cases Noticed:

R. v. Ladouceur (M.J.) (2002), 223 Sask.R. 161; 277 W.A.C. 161; 165 C.C.C.(3d) 321 (C.A.), consd. [para. 5].

R. v. Sundquist (M.R., [1999] 9 W.W.R. 557; 182 Sask.R. 181 (Q.B.), refd to. [para. 7].

R. v. Hufsky, [1988] 1 S.C.R. 621; 84 N.R. 365; 27 O.A.C. 103; 40 C.C.C.(3d) 398, refd to. [para. 7].

R. v. Ladouceur, [1990] 1 S.C.R. 1257; 108 N.R. 171; 40 O.A.C. 1; 77 C.R.(3d) 110; 56 C.C.C.(3d) 22; 21 M.V.R.(2d) 165, refd to. [para. 7].

R. v. Duncanson (1991), 93 Sask.R. 193; 4 W.A.C. 193; 12 C.R.(4th) 86; 30 M.V.R.(2d) 17 (C.A.), refd to. [para. 7].

Counsel:

Marvin W. Henderson, for the appellant;

Daryl B. Bode, for the Crown.

This appeal was heard before Smith, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Wynyard, who delivered the following judgment on December 2, 2002.