R. v. Turnmire (D.G.), 2014 SKPC 74

• Judge: Gordon, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: April 29, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKPC 74;(2014), 441 Sask.R. 215 (PC)

R. v. Turnmire (D.G.) (2014), 441 Sask.R. 215 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MY.066

Her Majesty the Queen v. David Gerald Turnmire

(Information No. 37252866; 2014 SKPC 74)

Indexed As: R. v. Turnmire (D.G.)

Saskatchewan Provincial Court

Gordon, P.C.J.

April 29, 2014.

Summary:

The accused was charged with impaired driving and refusing to comply with a breathalyzer demand. He argued that his s. 9 Charter rights were violated because of "over holding" by police, and that his s. 10(b) Charter right to counsel was violated.

The Saskatchewan Provincial Court, in a decision reported at (2014), 441 Sask.R. 205, found that there was a breach of s. 9, but the appropriate remedy would be considered at the sentencing stage if the accused was convicted. There was also a breach of s. 10(b), for which the appropriate remedy was exclusion of the evidence of refusal under s. 24(2) of the Charter.

The Saskatchewan Provincial Court found the accused guilty of impaired driving.

Criminal Law - Topic 1362

Offences against person and reputation - Motor vehicles - Impaired driving - Evidence and proof - A police officer followed Turnmire's vehicle for about six blocks and noted the following: almost failed to stop at a stop sign; swerved and almost hit the curb; made a wide turn; made a right turn into both lanes; passenger rear tire very close to curb; stopped at stop sign longer than usual; drifted to curb and then to centre line; pulled over slowly - Turnmire had trouble finding his driver's licence - He seemed to have poor coordination in the way he moved his hands - He had red and bloodshot eyes and slurred some words - He tried to put the vehicle in park when it was already in park - He "spilled out" of his vehicle, walked slowly and swayed slightly - Turnmire stated that he had consumed three drinks - The Saskatchewan Provincial Court found Turnmire guilty of impaired driving - The observations of Turnmire's driving showed several manoeuvres that were out of the ordinary - Although the video evidence from the police station did not show Turnmire to be "a falling down drunk", an assessment of the totality of the circumstances proved the offence beyond a reasonable doubt.

Cases Noticed:

R. v. Stellato (T.), [1994] 2 S.C.R. 478; 168 N.R. 190; 72 O.A.C. 140, appld. [para. 6].

R. v. Landes (T.) (1997), 161 Sask.R. 305 (Q.B.), refd to. [para. 8].

R. v. Andrews (M.A.) (1996), 178 A.R. 182; 110 W.A.C. 182; 1996 ABCA 23, refd to. [para. 8].

R. v. Hall (S.J.) (1994), 125 Sask.R. 62; 81 W.A.C. 62 (C.A.), refd to. [para. 8].

R. v. Pelletier (J.G.) (1995), 128 Sask.R. 214; 85 W.A.C. 214 (C.A.), refd to. [para. 8].

R. v. MacDonald (D.E.) (1996), 146 Sask.R. 306 (Q.B.), refd to. [para. 8].

R. v. Rice (K.) (2011), 386 Sask.R. 69; 2011 SKQB 412, refd to. [para. 8].

R. v. Bonter (C.W.) (2013), 412 Sask.R. 209; 2013 SKQB 31, refd to. [para. 8].

R. v. Meek (S.), [2010] Sask.R. Uned. 141; 2010 SKPC 136, refd to. [para. 8].

Counsel:

Brian Hendrickson, Q.C., for the Crown;

Merv Nidesh, Q.C., for the accused.

This matter was heard at Moose Jaw, Saskatchewan, before Gordon, P.C.J., of the Saskatchewan Provincial Court, who rendered the following decision on April 29, 2014.