R. v. Pike (P.R.), (1990) 80 Nfld. & P.E.I.R. 330 (NFPC)

• Judge: Handrigan, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: January 18, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 80 Nfld. & P.E.I.R. 330 (NFPC)

R. v. Pike (P.R.) (1990), 80 Nfld. & P.E.I.R. 330 (NFPC);

    249 A.P.R. 330

MLB headnote and full text

Her Majesty the Queen v. Peter Raymond Pike

Indexed As: R. v. Pike (P.R.)

Newfoundland Provincial Court

Judicial Centre of Grand Bank

Handrigan, P.C.J.

January 18, 1990.

Summary:

The accused was charged with a breathalyzer offence. The accused submitted that the breathalyzer evidence should be excluded under s. 24(2) of the Charter because his s. 10(b) right to counsel was infringed.

The Newfoundland Provincial Court acquitted the accused.

Civil Rights - Topic 4604

Right to counsel - General - Denial of or interference with - What constitutes - The accused was charged with a breathalyzer offence - The R.C.M.P. officer offered to assist the accused contact his lawyer - While it was 9:00 p.m. on a Saturday night, the officer called the lawyer's office - The officer also stated incorrectly that the home numbers of the lawyer and his associates were unavailable - The accused submitted that his s. 10(b) Charter right to counsel was infringed - The Newfoundland Provincial Court excluded the evidence and dismissed the charge on the ground the accused was not afforded a bona fide opportunity to retain or instruct counsel.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 4604].

Criminal Law - Topic 1379

Offence against person and reputation - Motor vehicles - Impaired driving - Breathalyzer - Admissibility where counsel denied - [See Civil Rights - Topic 4604].

Cases Noticed:

R. v. Therens, [1985] 1 S.C.R. 613; [1985] 4 W.W.R. 236; 59 N.R. 122; 40 Sask.R. 122; 45 C.R.(3d) 97; 18 C.C.C.(3d) 481; 18 D.L.R.(4th) 655; 32 M.V.R. 153, refd to. [para. 11].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [paras. 7, 8, 10, 11]; sect. 24(2) [paras. 7, 11].

Criminal Code, R.S.C. 1985, c. C-46, sect. 258(1)(c)(ii) [para. 10].

Counsel:

Terry D. White, for the Crown;

Donald A. MacBeath, for the defence.

This matter was heard by Handrigan, P.C.J., of the Newfoundland Provincial Court, Judicial Centre of Grand Bank, who delivered the following decision on January 18, 1990.