R. v. Reitz, (1978) 19 A.R. 467 (ProvCt)

JudgeHorrocks, P.C.J.
CourtProvincial Court of Alberta (Canada)
Case DateApril 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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