R. v. Young, (1985) 63 A.R. 252 (ProvCt)

Judge:Porter, P.C.J.
Court:Provincial Court (Alberta)
Case Date:June 14, 1985
Jurisdiction:Alberta
Citations:(1985), 63 A.R. 252 (ProvCt)
 
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R. v. Young (1985), 63 A.R. 252 (ProvCt)

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R. v. Young

(Docket No. C0340068423A01)

Indexed As: R. v. Young

Alberta Provincial Court

Porter, P.C.J.

June 14, 1985.

Summary:

The accused, suspected of impaired driving, was followed to his home by police. After the accused went into the house, one officer barged in without announcing his presence or the reason for his entry. As quickly as he entered, the officer exited with the accused. The accused was subsequently charged with driving a motor vehicle while having an excessive blood-alcohol content, contrary to s. 236 of the Criminal Code of Canada.

The Alberta Provincial Court held a voir dire to determine the admissibility of the breathalyzer certificate. The court held that the arrest was unlawful, the accused's rights under ss. 7 and 9 of the Charter of Rights and Freedoms were infringed and therefore the certificate was to be excluded from evidence under s. 24(2) of the Charter to avoid bringing the administration of justice into disrepute.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - Arbitrary detention - What constitutes - An accused was followed to his home by an R.C.M.P. officer, because the officer suspected the accused drove while impaired - There were no reasonable grounds for this belief - After the accused entered his home, the officer quickly barged in unannounced and grabbed the accused - The accused, without explanation, was physically escorted out of the house - The Alberta Provincial Court held that the unjustified action of removing the accused from the house violated the accused's right under s. 9 of the Charter of Rights and Freedoms not to be arbitrarily detained - See paragraph 11.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence, s. 24(2) - An accused was followed to his home by an R.C.M.P. officer, because the officer suspected the accused drove while impaired - There were no reasonable grounds for this belief - After the accused went into his home, the officer quickly barged in unannounced and without explanation grabbed the accused - The accused was then physically escorted out of the house and subsequently charged with driving a motor vehicle while having an excessive blood-alcohol content - The Alberta Provincial Court excluded the breathalyzer certificate from evidence under s. 24(2) of the Charter, because its admission would bring the administration of justice into disrepute in view of the officer's "thoroughly reprehensible" conduct - See paragraphs 12 and 13.

Civil Rights - Topic 8546

Canadian Charter of Rights and Freedoms - Interpretation - Life, liberty and security of the person, s. 7 - An R.C.M.P. officer suspected the accused of impaired driving - He followed the accused home - After the accused went into his house, the officer barged in unannounced and without explanation grabbed the accused and physically escorted him out of the house - There were no reasonable grounds for believing the accused was impaired - The Alberta Provincial Court held that the officers "thoroughly reprehensible" conduct denied the accused's right to life, liberty and security of the person under s. 7 of the Charter - See paragraph 10.

Civil Rights - Topic 8550

Canadian Charter of Rights and Freedoms - Interpretation - Bring the administration of justice into disrepute - An accused was followed to his home by an R.C.M.P. officer, because the officer suspected the accused drove while impaired - There were no reasonable grounds for this belief - After the accused went into his home, the officer barged in unannounced and without explanation grabbed the accused - The accused was then physically escorted out of the house and subsequently charged with driving a motor vehicle while having an excessive blood-alcohol content - The Alberta Provincial Court excluded the breathalyzer certificate from evidence under s. 24(2) of the Charter, because its admission would bring the administration of justice into disrepute in view of the officer's "thoroughly reprehensible" conduct - See paragraph 13.

Police - Topic 3068

Powers - Arrest - Without warrant - Lawfulness of - An accused was followed to his home by an R.C.M.P. officer who suspected the accused drove while impaired - After the accused entered his house, the officer barged in unannounced and without explanation grabbed the accused and physically escorted him out of the house - There were no reasonable grounds for believing the accused was impaired - The Alberta Provincial Court held that the accused's arrest was unlawful, because there were no reasonable grounds for believing he had committed an offence - See paragraph 8.

Police - Topic 3144

Powers - Forcible entry - Conditions precedent - An accused was followed to his home by an R.C.M.P. officer who suspected the accused drove while impaired - After the accused entered the house, the officer barged in unannounced and without explanation grabbed the accused and physically escorted him out of the house - The Alberta Provincial Court discussed a police officer's duty when entering a private home and found this officer's conduct "thoroughly reprehensible" - The court held that the officer was definitely a trespasser and may have committed an illegal break and entry - See paragraph 9.

Cases Noticed:

Eccles v. Bourque (1974), 19 C.C.C.(2d) 129, consd. [para. 7].

R. v. Fiddler (1983), 11 W.C.B. 79 (Co. Ct.), consd. [para. 7].

R. v. Colet (1981), 35 N.R. 227; 57 C.C.C.(2d) 105 (S.C.C.), consd. [para. 7].

R. v. Stonechild (1981), 61 C.C.C.(2d) 251, consd. [para. 7].

R. v. McMaster (1981), 35 A.R. 258, consd. [para. 7].

R. v. Landry (1981), 63 C.C.C.(2d) 289, consd. [para. 7].

Finnigan v. Sandiford (1981), 73 Cr. App. R. 153, consd. [para. 7].

R. v. Roberge (1983), 46 N.R. 573; 4 C.C.C.(3d) 304 (S.C.C.), consd. [para. 7].

R. v. Meadows (1983), 22 M.V.R. 78, consd. [para. 7].

R. v. Wood (1984), 52 A.R. 356, consd. [para. 7].

R. v. Therens (1984), 59 N.R. 122; 40 Sask.R. 122 (S.C.C.), consd. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(1), sect. 450 [para. 3].

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 9, sect. 10(1)(b) [para. 6].

Counsel:

J. Higgerty, for the Crown;

L. Anderson, for the accused.

This charge was heard at Hinton, Alberta, before Porter, P.C.J., of the Alberta Provincial Court, who delivered the following decision orally on June 14, 1985.

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