R. v. Wheaton (R.M.), (2015) 477 Sask.R. 64 (PC)

• Judge: Jackson, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 27, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 477 Sask.R. 64 (PC);2015 SKPC 47

R. v. Wheaton (R.M.) (2015), 477 Sask.R. 64 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.009

Her Majesty the Queen v. Riley Merle Wheaton

(Information: 24530918; 2015 SKPC 47)

Indexed As: R. v. Wheaton (R.M.)

Saskatchewan Provincial Court

Jackson, P.C.J.

March 27, 2015.

Summary:

The accused was charged with impaired driving and driving while having a blood-alcohol content exceeding the legal limit. He applied for the exclusion of evidence on the basis that his s. 10(b) Charter rights were violated.

The Saskatchewan Provincial Court dismissed the application.

Civil Rights - Topic 4604

Right to counsel - General - Denial of or interference with - What constitutes - Wheaton was charged with impaired driving offences - He applied for the exclusion of evidence, arguing that his s. 10(b) Charter rights were violated because the police officer (a) called Wheaton's brother himself to obtain counsel's name and contact information instead of letting Wheaton do it; (b) failed to establish that he had dialled the correct home number of counsel, thereby possibly making an incorrect contact; (c) failed to let Wheaton listen to the messages at counsel's office and home; and (d) only waited two minutes after leaving a message for counsel before suggesting Legal Aid as an alternative - The Saskatchewan Provincial Court dismissed the application - Respecting arguments (a), (b) and (c), there was no evidence that any incorrect or incomplete information was imparted to Wheaton as a result of the officer's actions - Respecting argument (d), the reference to Legal Aid was nothing more than a suggestion which Wheaton had the choice to accept or decline - It would have been inappropriate to exclude the evidence in any event - The officer acted in good faith at all times - He did not coerce or stream Wheaton to only consider Legal Aid - There was no evidence that Wheaton wished to wait for his counsel of choice once he was informed of the availability of Legal Aid.

Civil Rights - Topic 4609.1

Right to counsel - General - Duty of police investigators - [See Civil Rights - Topic 4604 ].

Civil Rights - Topic 4610

Right to counsel - General - Impaired driving (incl. demand for breath or blood sample) - [See Civil Rights - Topic 4604 ].

Civil Rights - Topic 4620.6

Right to counsel - General - Right to counsel of choice - [See Civil Rights - Topic 4604 ].

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 4604 ].

Criminal Law - Topic 1379

Motor vehicles - Impaired driving - Breathalyzer - Admissibility where counsel denied - [See Civil Rights - Topic 4604 ].

Counsel:

J. Knox, for the Crown;

M. Owens, for the accused.

This application was heard at Saskatoon, Saskatchewan, before Jackson, P.C.J., of the Saskatchewan Provincial Court, who delivered the following ruling on March 27, 2015.