R. v. Ryden (M.J.), (1993) 145 A.R. 194 (CA)

• Judge: Stratton, Côté and McFadyen, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: November 04, 1993
• Citations: (1993), 145 A.R. 194 (CA)

R. v. Ryden (M.J.) (1993), 145 A.R. 194 (CA);

    55 W.A.C. 194

MLB headnote and full text

Her Majesty The Queen (appellant) v. Magnus Johan Ryden (respondent/applicant)

(Appeal No. 9303-0185-A3)

Indexed As: R. v. Ryden (M.J.)

Alberta Court of Appeal

Stratton, Côté and McFadyen, JJ.A.

November 17, 1993.

Summary:

The accused was convicted of operating a motor vehicle while having an excessive blood-alcohol content contrary to s. 253(b) of the Criminal Code. The accused appealed.

The Alberta Court of Queen's Bench, in a decision not reported in this series of reports, reversed the accused's conviction. The Crown appealed.

The Alberta Court of Appeal allowed the appeal.

Civil Rights - Topic 3604

Detention and imprisonment - Detention - What constitutes detention - The accused was charged with operating a motor vehicle while having an excessive blood-alcohol content - The accused claimed that his Charter right to counsel was violated as the result of a delay caused when the police officer waited for cigarette smoke to dissipate before admin­istering the roadside screening test - The Alberta Court of Appeal held that the accused failed to show an infringement - The court noted that the delay occurred in ensuring the accused would get a fair reading - See paragraphs 25 to 27.

Civil Rights - Topic 4610

Right to counsel - Impaired driving - Demand for breath sample - [See Civil Rights - Topic 3604 ].

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence and certificate evidence - A certificate of analysis had the accused's name misspelled - The accused argued that the certificate was defective because of the error and was there­fore inadmissible - The Alberta Court of Appeal held that the typographical error on the certi­ficate was corrected by viva voce evidence at trial - The court also stated that such an error would not mislead the accused or violate his right to make full answer and defence and receive a fair trial - See paragraphs 6 to 24.

Cases Noticed:

R. v. Bykowski (1980), 23 A.R. 426; 54 C.C.C.(2d) 398 (C.A.), leave denied (1980), 54 C.C.C.(2d) 398n (S.C.C.), refd to. [para. 1].

R. v. Thomsen, [1988] 1 S.C.R. 640; 84 N.R. 347; 27 O.A.C. 85; 40 C.C.C.(3d) 411, refd to. [para. 11].

R. v. Grant, [1991] 3 S.C.R. 139; 130 N.R. 250; 93 Nfld. & P.E.I.R. 181; 292 A.P.R. 181; 67 C.C.C.(3d) 268, refd to. [para. 11].

R. v. Earle, [1981] 4 W.W.R. 212; 8 Man.R.(2d) 380 (Co. Ct.), refd to. [para. 12].

R. v. Babtiste (1991), 9 M.V.R. 216 (Alta. C.A.), refd to. [para. 16].

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, refd to. [para. 25].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [para. 11].

Criminal Code, R.S.C. 1985, c. C-46, sect. 254(2) [para. 11]; sect. 258(7) [para. 17].

Counsel:

P.C. Bourque, for the Crown;

S. Renouf, for the respondent/applicant.

This appeal was heard before Stratton, Côté and McFadyen, JJ.A., of the Alberta Court of Appeal on November 4, 1993. The memorandum of judgment was delivered by the court on November 17, 1993.