R. v. Sabourin, (1983) 25 Man.R.(2d) 258 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: November 29, 1983
• Jurisdiction: Manitoba
• Citations: (1983), 25 Man.R.(2d) 258 (CoCt)

R. v. Sabourin (1983), 25 Man.R.(2d) 258 (CoCt)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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R. v. Sabourin

Indexed As: R. v. Sabourin

Manitoba County Court

Dureault, C.C.J.

November 29, 1983.

Summary:

The accused was convicted under s. 235 of the Criminal Code with refusing to provide breath samples to a police officer on demand. The accused appealed on the ground that he was not properly informed of his right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms and therefore the evidence of his refusal should have been excluded under s. 24 of the Charter.

The Manitoba County Court dismissed the appeal.

Civil Rights - Topic 4617

Right to counsel - Notice of - What constitutes - An accused was detained by police and the police read to him at least six different texts or legal forms, one of which contained his right to counsel - There was inadequate evidence to show that the accused understood any or all of what was read to him - The Manitoba County Court held that in the circumstances the accused was not "informed" of his right to counsel as required by s. 10(b) of the Canadian Charter of Rights and Freedoms - See paragraphs 1 to 18.

Civil Rights - Topic 8370

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - When denied - An accused was convicted of refusing to provide breath samples to police - The accused appealed - The accused was not informed of his right to counsel and argued that evidence of his refusal should therefore have been excluded under s. 24 of the Charter - The Manitoba County Court refused to grant a s. 24 remedy because of the accused's conduct in trying to mislead the officer and the court by claiming he was not the driver of the vehicle, when he actually was - See paragraphs 19 to 24.

Words and Phrases

Informed - The Manitoba County Court discussed the meaning of the word "informed" as it was used in the phrase in s. 10(b) of the Canadian Charter of Rights and Freedoms relating to a person's right to be "informed" of his right to counsel - See paragraphs 6 to 18.

Cases Noticed:

R. v. McVay (1982), 42 N.B.R.(2d) 242; 110 A.P.R. 242, refd to. [para. 13].

R. v. Nelson (1983), 3 C.C.C.(3d) 147, refd to. [para. 17].

R. v. Unrau (1983), 24 Man.R.(2d) 5, not folld. [para. 21].

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 2(c)(ii) [para. 11].

Canadian Charter of Rights and Freedoms, sect. 10(b) [para. 2]; sect. 24 [para. 19].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235 [para. 1].

Authors and Works Noticed:

McDonald, David C., Legal Rights in the Canadian Charter of Rights and Freedoms: A Manual of Issues and Sources, p. 79 [para. 12].

Petit Robert I (1978) [para. 15].

Counsel:

Roger Bilodeau, for the appellant (Sabourin);

Georges DeMoissac, for the respondent (the Crown).

This case was heard before Dureault, C.C.J., of the Manitoba County Court, who delivered the following decision on November 29, 1983: