R. v. Smith (T.E.), [2003] Yukon Cases (TerrCt) 52
| Judge | Lilles, C.J.T.C. |
| Court | Territorial Court of Yukon (Canada) |
| Case Date | July 25, 2003 |
| Jurisdiction | Yukon |
| Citations | [2003] Yukon Cases (TerrCt) 52;2003 YKTC 52 |
R. v. Smith (T.E.), [2003] Yukon Cases (TerrCt) 52
MLB headnote and full text
Temp. Cite: [2003] Yukon Cases TBEd. AU.032
Regina v. Tommy Edward Smith
(T.C. 02-00513; 2003 YKTC 52)
Indexed As: R. v. Smith (T.E.)
Yukon Territorial Court
Whitehorse
Lilles, C.J.T.C.
July 25, 2003.
Summary:
This headnote contains no summary.
Civil Rights - Topic 3603
Detention and imprisonment - Detention - What constitutes arbitrary detention - See paragraphs 23 to 24.
Civil Rights - Topic 4604
Right to counsel - General - Denial of or interference with - What constitutes - See paragraphs 25 to 31.
Civil Rights - Topic 4610
Right to counsel - General - Impaired driving (incl. demand for breath or blood sample) - See paragraphs 25 to 31.
Criminal Law - Topic 1372
Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer or blood sample - Demand - Reasonable grounds - See paragraphs 1 to 22.
Cases Noticed:
R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161; 53 C.C.C.(3d) 316, refd to. [para. 24].
Counsel:
David McWhinnie, for the Crown;
Elaine Cairns, for the defence.
This case was heard at Carcross, Yukon, before Lilles, C.J.T.C., of the Yukon Territorial Court, who delivered the following judgment on July 25, 2003.
Please note: The following judgment has not been edited.
To continue reading
Request your trial
-
R. v. Brewster,
...The Crown relies on two cases to the contrary. [22] In R. v. Smith, 2003 YKTC 52, an argument erupted between the accused and his female passenger when the officer began to read the accused his right to counsel. The accused was not read his ri......
-
R. v. Brewster,
...The Crown relies on two cases to the contrary. [22] In R. v. Smith, 2003 YKTC 52, an argument erupted between the accused and his female passenger when the officer began to read the accused his right to counsel. The accused was not read his ri......