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

• Judge: Oliver, J.
• Court: Provincial Court of Alberta (Canada)
• 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

Summary:

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].

Counsel:

L. England, for the Crown;

T. Semenuk, for the defence.