R. v. MacDonald

R. v. MacDonald

A qualified Drug Recognition Evaluator may give admissible expert opinion evidence on drug impairment if properly qualified under the Mohan criteria; in this case the Court admitted expert evidence of the toxicologist and, after assessment, accepted Constable Skinner as an evaluating officer whose opinion on impairment was admissible and a matter of weight. However, answers to specific question items on the Drug Influence Evaluation face sheet were excluded under section 24(2) because the accused, having exercised his right to counsel, reasonably believed he had to answer the questions or face a refusal charge, thereby infringing section 7. On the remaining admissible evidence (officer...

Citation
2012 NSPC 26
Parties
Crown: Her Majesty the Queen; Accused: Jake Lendre Hugh MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 March 2012
Procedural Posture
Criminal Impaired Operation by Drug / Trial Judgment
Outcome
Guilty
Legal Topics
Impaired Operation by a Drug, Expert Evidence Admissibility (dre), Section 254 Evaluations, Section 7 Right to Counsel and Privilege Against Self Incrimination, Section 24(2) Charter Remedies, Mohan Reliability Analysis
Source Language
English
Criminal Law Evidence Charter Law Forensic Toxicology Road Safety Law Impaired Operation by a Drug Expert Evidence Admissibility (dre) Section 254 Evaluations +3 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Jake Lendre Hugh MacDonald

Accused

Procedural Posture

Criminal Impaired Operation by Drug / Trial Judgment

Legal Issues

  1. 1 Whether a Drug Recognition Evaluator (DRE) may be qualified to give expert opinion evidence under section 254(3.1) and the Mohan criteria
  2. 2 Whether answers on the Drug Influence Evaluation face sheet were voluntary or infringe section 7 of the Charter and should be excluded under section 24(2)
  3. 3 Whether the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by a drug at the time of driving

Ratio Decidendi

A qualified Drug Recognition Evaluator may give admissible expert opinion evidence on drug impairment if properly qualified under the Mohan criteria; in this case the Court admitted expert evidence of the toxicologist and, after assessment, accepted Constable Skinner as an evaluating officer whose opinion on impairment was admissible and a matter of weight. However, answers to specific question items on the Drug Influence Evaluation face sheet were excluded under section 24(2) because the accused, having exercised his right to counsel, reasonably believed he had to answer the questions or face a refusal charge, thereby infringing section 7. On the remaining admissible evidence (officer...

Court Disposition

Guilty

Orders

  • Constable Mark Skinner qualified as an evaluating officer and his opinion evidence admitted subject to challenge on weight
  • Lori Campbell qualified as forensic toxicology expert and her analysis of the urine sample admitted