R. v. Laidlaw
The arrest was unlawful because the available information supported only a reasonable suspicion of alcohol consumption, not objectively reasonable grounds to believe the accused had driven while impaired; the breathalyzer readings flowed from that unlawful arrest and, applying the Grant factors, must be excluded under s.24 of the Charter.
- Citation
- 2025 NSPC 26
- Parties
- Crown: His Majesty the King; Accused: Katrina Laidlaw
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 25 September 2025
- Procedural Posture
- Criminal / Trial Decision
- Outcome
- Breathalyzer results excluded; judgment for the accused.
- Legal Topics
- Arrest, Reasonable Grounds Vs Suspicion, ASD Vs Breathalyzer Demands, Voluntariness of Statements, Exclusion of Evidence Under S.24
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
His Majesty the King
Crown
Katrina Laidlaw
Accused
Procedural Posture
Criminal / Trial Decision
Legal Issues
- 1 Whether the arresting officer had reasonable grounds to arrest under s.320.28 for impaired operation
- 2 Whether the interaction and arrest breached s.8, s.9 and s.10 Charter rights
- 3 Whether the statement connecting the accused to the vehicle was voluntary
Ratio Decidendi
The arrest was unlawful because the available information supported only a reasonable suspicion of alcohol consumption, not objectively reasonable grounds to believe the accused had driven while impaired; the breathalyzer readings flowed from that unlawful arrest and, applying the Grant factors, must be excluded under s.24 of the Charter.
Court Disposition
Breathalyzer results excluded; judgment for the accused.
Orders
- Exclude breathalyzer readings pursuant to s.24 of the Charter
- Judgment accordingly
Full Case Text
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