R. v. Grant

R. v. Grant

The officer was lawfully entitled to follow and approach the accused in his private driveway under the Motor Vehicle Act and applicable common law and case law; the contact did not constitute an arbitrary detention under s.9 of the Charter, no s.24 remedy was warranted, the breath evidence was admissible and the accused was properly convicted of impaired driving.

Citation
2001 NSPC 8
Parties
Crown: Her Majesty the Queen; Accused: Jason Grant
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 January 2001
Procedural Posture
Criminal — Impaired Driving / Judgment (provincial Court)
Outcome
Accused found guilty
Legal Topics
Random Vehicle Stops, Hot Pursuit, Section 9 Detention, Section 24 Remedy, Breathalyzer/roadside Screening, Search and Seizure
Source Language
English
Criminal Law Charter of Rights and Freedoms Traffic Law Evidence Law Random Vehicle Stops Hot Pursuit Section 9 Detention Section 24 Remedy +2 more

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Parties

Her Majesty the Queen

Crown

Jason Grant

Accused

Procedural Posture

Criminal — Impaired Driving / Judgment (provincial Court)

Legal Issues

  1. 1 Whether the police were entitled to follow and approach the accused in a private driveway
  2. 2 Whether the detention amounted to an arbitrary detention contrary to s.9 of the Charter
  3. 3 Whether evidence obtained should be excluded under s.24 of the Charter

Ratio Decidendi

The officer was lawfully entitled to follow and approach the accused in his private driveway under the Motor Vehicle Act and applicable common law and case law; the contact did not constitute an arbitrary detention under s.9 of the Charter, no s.24 remedy was warranted, the breath evidence was admissible and the accused was properly convicted of impaired driving.

Court Disposition

Accused found guilty

Orders

  • Accused convicted of impaired driving
  • No remedy granted under s.24 of the Charter; evidence admitted