R. v. Ridgway (K.D.), (1992) 104 Sask.R. 303 (QB)

• Judge: Gerein, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 22, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 104 Sask.R. 303 (QB)

R. v. Ridgway (K.D.) (1992), 104 Sask.R. 303 (QB)

MLB headnote and full text

Her Majesty The Queen (appellant) v. Kevin D. Ridgway (respondent)

(1992 Q.B. No. 59)

Indexed As: R. v. Ridgway (K.D.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Weyburn

Gerein, J.

October 22, 1992.

Summary:

An accused charged with impaired driving was been advised of his right to counsel when the breathalyzer demand was made, but the police officer's notes made no reference to the accused's Charter rights. The trial judge acquitted the accused on the basis that the accused's Charter rights were breached because there was no evidence that he was properly advised of his right to counsel. The Crown appealed.

The Saskatchewan Court of Queen's Bench allowed the appeal and ordered a new trial.

Civil Rights - Topic 4610

Right to counsel - Impaired driving - Demand for a breath sample - [See Civil Rights - Topic 8591 ].

Civil Rights - Topic 8591

Canadian Charter of Rights and Freedoms - Practice - Onus or burden of proof - An accused charged with impaired driving was advised of his right to counsel when the breathalyzer demand was made, but the police officer's notes made no reference to the accused's Charter rights - The trial judge acquitted the accused on the basis that the accused's Charter rights were breached because there was no evidence that he was properly advised of his right to counsel - The Crown appealed - The Saskatchewan Court of Queen's Bench allowed the appeal and ordered a new trial - The court held that where the evidence does not establish whether or not the ac­cused's Charter rights were breached, the court must conclude they were not.

Criminal Law - Topic 7467

Summary conviction proceedings - Appeals - General - Procedural defects - Curing of - The Crown appealed from an acquittal of an accused for impaired driv­ing - The accused submitted that the appeal should be dismissed because the Crown did not file the court reporter's certificate at the same time the notice of appeal was filed as required by rule 6 of the Summary Conviction Appeal Rules - The certificate had been filed one day later - The Saskatchewan Court of Queen's Bench waived the irregularity, where the noncompliance was minimal and had no direct bearing on the appeal itself and where there was no prejudice to the accused.

Cases Noticed:

R. v. Hamilton (1991), 96 Sask.R. 278 (Q.B.), consd. [para. 6].

R. v. Brydges, [1990] 1 S.C.R. 190; 103 N.R. 282; 104 A.R. 124; 53 C.C.C.(3d) 330; 74 C.R.(3d) 129, consd. [para. 11].

R. v. Medernach (1991), 92 Sask.R. 26 (Q.B.), dist. [para. 11].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 38 D.L.R.(4th) 508; 33 C.C.C.(3d) 1; 28 C.R.R. 122; 13 B.C.L.R.(2d) 1, folld. [para. 16].

R. v. Hamer, [1985] 6 W.W.R. 382; 78 A.R. 74 (Q.B.), folld. [para. 16].

R. v. Baker (1989), 70 Sask.R. 87 (Q.B.), folld. [para. 17].

R. v. Freed, [1992] 2 W.W.R. 340; 99 Sask.R. 271 (Q.B.), folld. [para. 21].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [para. 12].

Criminal Code, R.S.C. 1985, c. C-46, sect. 253(b), sect. 255(1) [para. 1].

Rules of Court (Sask.), Summary Convic­tion Appeal Rules, rule 6 [para. 3].

Summary Conviction Appeal Rules - see Rules of Court (Sask.).

Counsel:

P.A. Hryniuk, for the appellant/Crown;

A.G. McIntyre, for the respondent/accused.

This appeal was heard before Gerein, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Weyburn, who delivered the following judgment on October 22, 1992.