R. v. Matheson

R. v. Matheson

The accused failed to establish special circumstances that impaired her understanding of the s.10(b) warning; contemporaneous evidence from ambulance, medical staff and the arresting officer showed she was alert, responsive and affirmatively indicated understanding, therefore no Charter breach occurred and the blood samples are admissible.

Citation
2011 BCSC 92
Parties
Crown: Regina; Accused: Danyle Shereen Matheson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 January 2011
Procedural Posture
Criminal Impaired Driving and Dangerous Driving Causing Death / Voir Dire on Admissibility of Blood Sample (pre Trial)
Outcome
Voir dire dismissed; no breach of s.10(b) found; blood sample evidence admissible at trial
Legal Topics
Section 10(b) Right to Counsel, Section 24(2) Exclusion of Evidence, Admissibility of Blood Samples, Impaired Driving, Dangerous Driving Causing Death
Source Language
English
Criminal Law Charter Evidence Forensic Toxicology Section 10(b) Right to Counsel Section 24(2) Exclusion of Evidence Admissibility of Blood Samples Impaired Driving +1 more

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Parties

Regina

Crown

Danyle Shereen Matheson

Accused

Procedural Posture

Criminal Impaired Driving and Dangerous Driving Causing Death / Voir Dire on Admissibility of Blood Sample (pre Trial)

Legal Issues

  1. 1 Whether s.10(b) Charter rights were breached during police interaction at hospital
  2. 2 Whether special circumstances existed that required additional steps to ensure understanding of right to counsel
  3. 3 Whether accused had required cognitive capacity/operating mind to waive right to counsel

Ratio Decidendi

The accused failed to establish special circumstances that impaired her understanding of the s.10(b) warning; contemporaneous evidence from ambulance, medical staff and the arresting officer showed she was alert, responsive and affirmatively indicated understanding, therefore no Charter breach occurred and the blood samples are admissible.

Court Disposition

Voir dire dismissed; no breach of s.10(b) found; blood sample evidence admissible at trial

Orders

  • Admissibility of blood sample upheld and to be admitted in evidence at trial