R. v. Doran

R. v. Doran

The judge found no breach of s.10(b): the accused was informed, understood her rights, and made an informed, voluntary decision that amounted to an unequivocal waiver or at minimum was not reasonably diligent in asserting the right; the officer's interpretation of waiver was objectively reasonable, therefore the breathalyzer certificate was admissible.

Citation
2010 NSPC 79
Parties
Crown: Her Majesty The Queen; Accused: Alexandra Doran
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 December 2010
Procedural Posture
Criminal / Decision on Charter Challenge to Admissibility of Breathalyzer Evidence (trial Level)
Outcome
No Charter infringement found; breathalyzer evidence admitted.
Legal Topics
Charter Right to Counsel, Waiver of Right to Counsel, Exclusion of Evidence Under S.24(2), Impaired Driving, Breathalyzer Procedures
Source Language
English
Criminal Law Constitutional Law Evidence Charter Right to Counsel Waiver of Right to Counsel Exclusion of Evidence Under S.24(2) Impaired Driving Breathalyzer Procedures

Case Brief

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Parties

Her Majesty The Queen

Crown

Alexandra Doran

Accused

Procedural Posture

Criminal / Decision on Charter Challenge to Admissibility of Breathalyzer Evidence (trial Level)

Legal Issues

  1. 1 Whether police breached s.10(b) Charter right to counsel by failing to ensure meaningful access to counsel
  2. 2 Whether the accused validly and unequivocally waived her right to counsel
  3. 3 Whether breathalyzer certificate should be excluded as a remedy under s.24(2) Charter

Ratio Decidendi

The judge found no breach of s.10(b): the accused was informed, understood her rights, and made an informed, voluntary decision that amounted to an unequivocal waiver or at minimum was not reasonably diligent in asserting the right; the officer's interpretation of waiver was objectively reasonable, therefore the breathalyzer certificate was admissible.

Court Disposition

No Charter infringement found; breathalyzer evidence admitted.

Orders

  • Admit Certificate of the Qualified Technician (Exhibit No.1)