R. v. Reitz, (1978) 19 A.R. 467 (ProvCt)
Judge | Horrocks, P.C.J. |
Court | Provincial Court of Alberta (Canada) |
Case Date | April 14, 1978 |
Citations | (1978), 19 A.R. 467 (ProvCt) |
R. v. Reitz (1978), 19 A.R. 467 (ProvCt)
MLB headnote and full text
R. v. Reitz
Indexed As: R. v. Reitz
Alberta Provincial Court
Horrocks, P.C.J.
April 14, 1978.
Summary:
This headnote contains no summary.
Civil Rights - Topic 4615
Right to counsel - Instructing counsel - What constitutes sufficient privacy - The accused was charged with refusing to provide breath samples contrary to section 235(2) of the Criminal Code - At the police station the accused called his lawyer - The accused asked the police for privacy - The police remained in a position where they could hear the accused's conversation - The accused refused to take the breathalyzer test and was charged - The Alberta Provincial Court dismissed the charge on the ground that the accused was denied his right to retain and instruct counsel, which was a reasonable excuse for refusing to take the breathalyzer test.
Criminal Law - Topic 1378
Motor vehicles - Impaired driving - Breathalyzer - Refusal to provide breath sample - Reasonable excuse - The accused was charged with refusal to provide breath samples contrary to section 235(2) of the Criminal Code - At the police station the accused phoned his lawyer - The accused asked the police for privacy - The police remained in a position where they could hear the accused's conversation - The accused refused to take the breathalyzer test and was charged - The Alberta Provincial Court dismissed the charge on the ground that he was denied the right to counsel, which was a reasonable excuse for refusing to take the breathalyzer test.
Cases Noticed:
R. v. Brownridge (1972), 7 C.C.C.(2d) 417, refd to. [para. 13].
R. v. Balkan (1973), 13 C.C.C.(2d) 482, refd to. [para. 14].
R. v. Penner (1973), 12 C.C.C.(2d) 468, folld. [para. 16].
R. v. Maksimchuk (1974), 15 C.C.C.(2d) 208, refd to. [para. 19].
R. v. Jumaga (1976), 4 N.R. 276; 29 C.C.C.(2d) 269, refd to. [para. 20].
Statutes Noticed:
Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(2) [para. 1].
Counsel:
T. Boyd, for the Crown;
R.J. Campbell, for the accused.
This case was heard by HORROCKS, P.C.J., of the Alberta Provincial Court.
On April 14, 1978, HORROCKS, P.C.J., delivered the following judgment:
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