R. v. T.A.L., (1986) 75 A.R. 147 (ProvCt)

Court:Provincial Court (Alberta)
Case Date:January 22, 1986
Jurisdiction:Alberta
Citations:(1986), 75 A.R. 147 (ProvCt)
 
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R. v. T.A.L. (1986), 75 A.R. 147 (ProvCt)

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R. v. T.A.L.

Indexed As: R. v. T.A.L.

Alberta Provincial Court

Youth Division

White, A.C.J.

January 22, 1986.

Summary:

A youth was charged with driving a motor vehicle while having an excessive blood-alcohol content, contrary to s. 236 of the Criminal Code of Canada. The youth sought to have the breathalyzer certificate excluded from evidence on the ground that he was denied an opportunity to consult counsel, as provided in s. 10(b) of the Charter of Rights and Freedoms and s. 11(2) of the Young Offenders Act.

The Alberta Provincial Court, Youth Division, held that the youth was properly advised of his rights and given a proper opportunity to consult counsel.

Criminal Law - Topic 8706

Young offenders - Jurisdiction - Courts - Age of young offender - The Alberta Provincial Court, Youth Division, stated that the Crown did not have to prove a young offender's age to establish the court's jurisdiction, unless age was raised as an issue - See paragraph 13.

Criminal Law - Topic 8714

Young offenders - Right to counsel - Young Offenders Act, S.C. 1980-81-8283, c. 110, s. 11(2) - The Alberta Provincial Court, Youth Division, held that for young offenders at the lower end of age, understanding and maturity, the police might be obligated to help the youth go through the phone book, phone the lawyer for them and make sure they are able to speak with the lawyer; particularly where the youth insists on representation but does not know a lawyer or how to find one - However, the police are not obligated to try to change a youth's mind when the youth does not want a lawyer and they are not obligated to convince the youth to find a lawyer, as long as the youth fully understands he has the right to counsel if he desires.

Cases Noticed:

R. v. Therens (1985), 59 N.R. 122; 40 Sask.R. 122; 18 C.C.C.(3d) 481 (S.C.C.), refd to. [para. 6].

R. v. L., 17 C.C.C.(2d) 335, refd to. [para. 13].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b).

Young Offenders Act, S.C. 1980-81-82-83, c. 110, sect. 11(2) [para. 5].

Counsel:

Dave Hill, for the Crown;

D. DePoe, for T.A.L.

This case was heard at Edmonton, Alberta, before White, A.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on January 22, 1986.

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