R. v. Petrie

R. v. Petrie

The court found there were no reasonable and probable grounds to arrest the accused or to issue the s.254(3) demand; the accused was arbitrarily detained in breach of s.9 and the taking of breath samples without valid consent constituted a s.8 breach; because the breath analysis was conscriptive, undiscoverable by alternative means, and the breach was serious admission would bring the administration of justice into disrepute, the certificate of analysis was excluded under s.24(2), resulting in acquittal on the s.253(b) charge (and the s.253(a) charge previously)

Citation
2006 NSPC 53
Parties
Crown: Her Majesty the Queen; Accused/defendant: Roderick John Petrie
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 October 2006
Procedural Posture
Criminal / Trial Judgment on Charter Issues and Disposition
Outcome
Accused found not guilty of Section 253(a) and Section 253(b) Criminal Code; breath analysis evidence excluded under s.24(2)
Legal Topics
Impaired Driving, Breath Sample Demand S.254(3), Reasonable and Probable Grounds, Search and Seizure (s.8), Arbitrary Detention (s.9), Exclusion of Evidence S.24(2), Consent and Waiver
Source Language
English
Criminal Law Constitutional Law Administrative Law Impaired Driving Breath Sample Demand S.254(3) Reasonable and Probable Grounds Search and Seizure (s.8) Arbitrary Detention (s.9) +2 more

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Parties

Her Majesty the Queen

Crown

Roderick John Petrie

Accused/defendant

Procedural Posture

Criminal / Trial Judgment on Charter Issues and Disposition

Legal Issues

  1. 1 Whether the s.254(3) demand was supported by reasonable and probable grounds
  2. 2 Whether the accused's detention and arrest violated s.9 of the Charter
  3. 3 Whether the taking of breath samples constituted a seizure engaging s.8 of the Charter and whether any consent or waiver was valid

Ratio Decidendi

The court found there were no reasonable and probable grounds to arrest the accused or to issue the s.254(3) demand; the accused was arbitrarily detained in breach of s.9 and the taking of breath samples without valid consent constituted a s.8 breach; because the breath analysis was conscriptive, undiscoverable by alternative means, and the breach was serious admission would bring the administration of justice into disrepute, the certificate of analysis was excluded under s.24(2), resulting in acquittal on the s.253(b) charge (and the s.253(a) charge previously)

Court Disposition

Accused found not guilty of Section 253(a) and Section 253(b) Criminal Code; breath analysis evidence excluded under s.24(2)

Orders

  • Certificate of Analysis excluded pursuant to s.24(2) of the Canadian Charter of Rights and Freedoms
  • Accused Roderick John Petrie acquitted of the charges under s.253(a) and s.253(b) of the Criminal Code