R. v. Reimer, (1982) 38 A.R. 57 (ProvCt)

Judge:Oliver, J.
Court:Provincial Court (Alberta)
Case Date:June 30, 1982
Citations:(1982), 38 A.R. 57 (ProvCt)

R. v. Reimer (1982), 38 A.R. 57 (ProvCt)

MLB headnote and full text

R. v. Reimer

Indexed As: R. v. Reimer

Alberta Provincial Court

Judicial District of Calgary

Oliver, J.

June 30, 1982


The accused was charged with wilfully obstructing peace officers in the execution of their duty contrary to s. 118(a) of the Criminal Code of Canada, R.S.C. 1970, c. C-34. The Alberta Provincial Court convicted the accused.

Criminal Law - Topic 434

Offences against the administration of law and justice - Obstruction and resistance of a peace officer in the execution of his duty - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 118 - The Alberta Provincial Court convicted the accused of obstruction of a peace officer - The accused, while driving a motor vehicle, was stopped by a peace officer and failed to produce a driver's licence - The vehicle was in a no-parking zone, and because the accused could not drive it without a licence, it was towed away - The accused had refused to allow the vehicle to be towed and was arrested.

Police - Topic 3245

Powers - Seizure - Without warrant - Motor Vehicle Act, R.S.A. 1980, c. M-22, ss. 98, 99 - The Alberta Provincial Court held that a peace officer had the authority to seize a motor vehicle where the operator of the vehicle did not have a driver's licence - See paragraphs 14 to 18.

Cases Noticed:

Ingram v. City of Vancouver and McLeod, 132 C.C.C. 152, consd. [para. 12].

Ramia et al. v. Burgess et al., 53 C.C.C.(2d) 384, consd. [para. 12].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, (1982), sect. 1 [para. 21].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 118(a) [para. 1].

Motor Vehicle Administration Act, R.S.A. 1980, c. M-22 [para. 14].


L. England, for the Crown;

T. Semenuk, for the defence.

To continue reading