R. v. Farahanchi

R. v. Farahanchi

Police breached s.10(b) by failing to provide the full informational component (omitting toll-free numbers) and by failing to assist the accused to contact counsel when it was apparent he needed help; evidence obtained after that breach (including the qualified technician's certificate) must be excluded under s.24(2); with the excluded evidence the Crown cannot prove impairment beyond a reasonable doubt and the accused is acquitted.

Citation
2010 NSPC 57
Parties
Crown: The Queen; Accused: Hamed Farahanchi
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 September 2010
Procedural Posture
Criminal (impaired Driving) / Provincial Court Decision on Trial and Charter Application
Outcome
Application granted; evidence obtained after the Charter breach excluded; accused acquitted
Legal Topics
Right to Counsel (s.10(b)), Interpreter and Consular Assistance, Section 24(2) Exclusion of Evidence, Impaired Driving (s.253 Cc)
Source Language
English
Constitutional Law Criminal Law Evidence Police Procedure Immigration/foreign Nationals Right to Counsel (s.10(b)) Interpreter and Consular Assistance Section 24(2) Exclusion of Evidence +1 more

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Parties

The Queen

Crown

Hamed Farahanchi

Accused

Procedural Posture

Criminal (impaired Driving) / Provincial Court Decision on Trial and Charter Application

Legal Issues

  1. 1 Whether police breached s.10(b) Charter informational and implementation duties by failing to provide meaningful advice of right to counsel and assistance to contact counsel
  2. 2 Whether police were required to provide interpreter or consular assistance
  3. 3 Whether evidence obtained after the breach should be excluded under s.24(2)

Ratio Decidendi

Police breached s.10(b) by failing to provide the full informational component (omitting toll-free numbers) and by failing to assist the accused to contact counsel when it was apparent he needed help; evidence obtained after that breach (including the qualified technician's certificate) must be excluded under s.24(2); with the excluded evidence the Crown cannot prove impairment beyond a reasonable doubt and the accused is acquitted.

Court Disposition

Application granted; evidence obtained after the Charter breach excluded; accused acquitted

Orders

  • Exclude any and all evidence obtained as a result of the breach, including the Certificate of a Qualified Technician.
  • Accused Hamed Farahanchi found not guilty of the charges under s.253(a) and s.253(b) of the Criminal Code.