R. v. Young, (1981) 34 A.R. 214 (QB)

• Judge: Wachowich, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 09, 1981
• Citations: (1981), 34 A.R. 214 (QB)

R. v. Young (1981), 34 A.R. 214 (QB)

MLB headnote and full text

R. v. Young

(No. 8003 00080A)

Indexed As: R. v. Young

Alberta Court of Queen's Bench

Judicial District of Edmonton

Wachowich, J.

September 9, 1981.

Summary:

An accused appealed his conviction of driving with an excessive blood-alcohol content contrary to s. 236 of the Criminal Code. The Alberta Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 1375

Motor vehicle - Impaired driving - Breathalyzer - Demand - As soon as practicable - An accused was stopped by an R.C.M.P. constable, but the demand was given by a city police officer, who was summoned and arrived later - The accused accompanied the police officer and provided a sample - The Alberta Court of Queen's Bench held that the accused could not challenge the validity of the demand on the ground that it was not made "as soon as practicable", once the breath sample was provided - See paragraphs 5 to 9.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence - As soon as practicable - An accused was given a breathalyzer demand and then taken to a police station, where the test could not immediately be taken, because someone else was at the machine - The Alberta Court of Queen's Bench held that the accused was given an opportunity to provide a breath sample "as soon thereafter as is practicable" in accordance with s. 235(1) of the Criminal Code - See paragraphs 10 to 14.

Criminal Law - Topic 1375

Motor vehicle - Impaired driving - Breathalyzer - Demand for breath sample - An R.C.M.P. officer stopped an accused on suspicion of impaired driving, but did not read him a demand to provide a breath sample and called for the city police, because he believed he lacked jurisdiction - The Alberta Court of Queen's Bench held that the officer had jurisdiction to make the demand anywhere in Canada pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1970, c. R-9 - See paragraphs 6 to 7.

Words and Phrases

As soon as practicable - The Alberta Court of Queen's Bench discussed the meaning of the phrase "as soon as practicable" as found in s. 235 of the Criminal Code - See paragraphs 5 to 14.

Words and Phrases

As soon thereafter as is practicable - The Alberta Court of Queen's Bench discussed the meaning of the phrase "as soon thereafter as is practicable" as found in s. 235 of the Criminal Code - See paragraphs 10 to 14.

Cases Noticed:

R. v. Soucy (1975), 11 N.B.R.(2d) 75; 7 A.P.R. 75; 23 C.C.C.(2d) 561 (N.B.S.C.), appld. [para. 6].

R. v. Brown (1981), 27 A.R. 407, consd. [para. 9].

R. v. Rilling, [1973] 3 W.W.R. 319; 11 C.C.C.(2d) 285; [1976] 2 S.C.R. 183; 31 C.R.N.S. 142; [1975] 6 W.W.R. 626; 24 C.C.C.(2d) 181; 5 N.R. 327; 60 D.L.R.(3d) 128, consd. [para. 9].

R. v. Hruby (1980), 19 A.R. 230; 4 M.V.R. 192, appld. [para. 9].

R. v. Fitzpatrick (1977), 3 A.R. 261; 2 M.V.R. 216 (Alta. S.C.), consd. [para. 10].

R. v. Casagranda (1981), 25 A.R. 275, consd. [para. 13].

R. v. Mudry (1980), 19 A.R. 379 (Alta. C.A.), refd to. [para. 14].

Counsel:

C.M. Brodsky, for the appellant;

S. Sanderman, for the respondent.

This appeal was heard before WACHOWICH, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton. The decision of WACHOWICH, J., was delivered at Edmonton, Alberta, on September 9, 1981.