R. v. Bates

R. v. Bates

On the facts found by the trial judge (credible officer evidence of erratic behaviour, driving into a police vehicle, self‑harm behaviour, high breath readings and corroborating calls reporting suicidal ideation), the continued detention to secure a morning mental‑health assessment was a reasonable exercise of police authority under ss.497-498 of the Criminal Code and did not amount to an arbitrary detention under s.9 of the Charter; appellate deference to the trial judge's factual findings was appropriate and no legal error was demonstrated.

Citation
2019 BCSC 1010
Parties
Crown: Regina; Accused: Robyn Petra Bates
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 May 2019
Procedural Posture
Criminal Impaired Driving (summary Conviction) / Appeal From Provincial Court to Supreme Court of British Columbia (summary Conviction Appeal)
Outcome
Appeal dismissed; conviction affirmed
Legal Topics
Detention, Arbitrary Detention, Section 9 Charter, Remedies Under S.24 Charter, Police Powers Under Ss.497 498 Criminal Code, Overholding/detention Duration
Source Language
English
Criminal Law Constitutional Law Evidence Detention Arbitrary Detention Section 9 Charter Remedies Under S.24 Charter Police Powers Under Ss.497 498 Criminal Code +1 more

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Parties

Regina

Crown

Robyn Petra Bates

Accused

Procedural Posture

Criminal Impaired Driving (summary Conviction) / Appeal From Provincial Court to Supreme Court of British Columbia (summary Conviction Appeal)

Legal Issues

  1. 1 Whether continued detention after breath samples was arbitrary under s.9 of the Charter
  2. 2 Whether trial judge misapplied the legal test for arbitrary detention
  3. 3 Whether the trial judge conflated s.9 threshold with s.24 remedial analysis

Ratio Decidendi

On the facts found by the trial judge (credible officer evidence of erratic behaviour, driving into a police vehicle, self‑harm behaviour, high breath readings and corroborating calls reporting suicidal ideation), the continued detention to secure a morning mental‑health assessment was a reasonable exercise of police authority under ss.497-498 of the Criminal Code and did not amount to an arbitrary detention under s.9 of the Charter; appellate deference to the trial judge's factual findings was appropriate and no legal error was demonstrated.

Court Disposition

Appeal dismissed; conviction affirmed

Orders

  • Appeal dismissed
  • Conviction for impaired driving upheld