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

Judge:Horrocks, P.C.J.
Court:Provincial Court (Alberta)
Case Date:April 14, 1978
Jurisdiction:Alberta
Citations:(1978), 19 A.R. 467 (ProvCt)
 
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R. v. Reitz (1978), 19 A.R. 467 (ProvCt)

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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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