R. v. Wheaton (R.M.), (2015) 477 Sask.R. 71 (PC)

• Judge: Jackson, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: July 10, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 477 Sask.R. 71 (PC);2015 SKPC 102

R. v. Wheaton (R.M.) (2015), 477 Sask.R. 71 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. OC.045

Her Majesty the Queen v. Riley Merle Wheaton

(Information: 24530918; 2015 SKPC 102)

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

Saskatchewan Provincial Court

Jackson, P.C.J.

July 10, 2015.

Summary:

The accused was charged with impaired driving (count 1) and driving while having a blood-alcohol content exceeding the legal limit (count 2). He applied for the exclusion of evidence on the basis that his s. 10(b) Charter rights were violated.

The Saskatchewan Provincial Court, in a decision reported at (2015), 477 Sask.R. 64, dismissed the application.

The Saskatchewan Provincial Court found the accused guilty of count 2 and not guilty of count 1.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evidence and proof - Wheaton was charged with impaired driving - The arresting officer testified that he observed Wheaton make an excessively wide turn, nearly coming into contact with the curb before correcting sharply to straighten out - In the process, Wheaton's front tire crossed the centre line - The officer testified that Wheaton had greatly slurred speech, very glossy and watery eyes, and was very unsteady on his feet - The Saskatchewan Provincial Court found Wheaton not guilty - The court had the benefit of viewing a video of Wheaton at the police station following his arrest - By contrast with the officer's testimony, Wheaton's speech was not noticeably slurred - He appeared to be physically coordinated and had no difficulty carrying on prolonged conversation or understanding what was being said to him - See paragraphs 9 to 16.

Criminal Law - Topic 1382.1

Motor vehicles - Impaired driving - Breathalyzer - Service of certificate and copy - Wheaton was charged with driving while his blood-alcohol content exceeded the legal limit - He was served with a copy of the Certificate of Qualified Technician - However, the police officer neglected to sign the Notice of Intention to Produce Certificate at the time of service - Wheaton argued that the Certificate should therefore be inadmissible as evidence - The Saskatchewan Provincial Court held that the Certificate was admissible - Wheaton did not testify as to any confusion or misunderstanding as to the contents of the Certificate - Nor, realistically, could he do so by reason only of the officer's signature being missing at the bottom - The purpose of s. 258(7) of the Criminal Code was to provide reasonable notice to an accused of what the Crown intended to rely on at trial - Lack of perfection in every detail on the face of the document did not invalidate the sufficiency of service where it could not reasonably be shown that an accused was misled or misinformed by reason of such imperfection - See paragraphs 2 to 8.

Counsel:

J. Knox, for the Crown;

M. Owens, for the accused.

This matter was heard at Saskatoon, Saskatchewan, before Jackson, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on July 10, 2015.