R. v. Doucette

R. v. Doucette

Because the Datamaster C produced a permanent printed ticket for each breath sample, the Selig exception (which applies to transitory gauge readings) did not apply; police have no constitutional obligation to disclose such permanent test results pre-charge and the refusal did not violate ss.7 or 11(d); the s.24(2) application is dismissed.

Citation
2009 NSPC 64
Parties
Crown: Her Majesty the Queen; Accused: Barrie Joseph Doucette
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 October 2009
Procedural Posture
Criminal Impaired Driving (s.253(a), S.253(b) Criminal Code) / Pre Trial Charter S.24(2) Application to Exclude Breath Test Evidence
Outcome
Application to exclude breath test evidence under s.24(2) dismissed.
Legal Topics
Section 24(2) Charter Exclusion of Evidence, Section 7 Charter Liberty and Security/right to Life, Section 11(d) Charter Right to Fair Trial/presumption of Innocence, Disclosure of Police Investigation Results, Breathalyzer Procedure and Evidentiary Form, Right to Consult Counsel (practical Issue)
Source Language
English
Charter Criminal Law Evidence Traffic/impaired Driving Section 24(2) Charter Exclusion of Evidence Section 7 Charter Liberty and Security/right to Life Section 11(d) Charter Right to Fair Trial/presumption of Innocence Disclosure of Police Investigation Results +2 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Barrie Joseph Doucette

Accused

Procedural Posture

Criminal Impaired Driving (s.253(a), S.253(b) Criminal Code) / Pre Trial Charter S.24(2) Application to Exclude Breath Test Evidence

Legal Issues

  1. 1 Whether refusal to disclose the result or ticket of the first breath test violated ss.7 and 11(d) of the Charter
  2. 2 Whether R. v. Selig requires pre-charge disclosure where breath test readings are produced on a permanent printed ticket
  3. 3 Whether the Datamaster C's permanent record removes any inability of the accused to make full answer in defence

Ratio Decidendi

Because the Datamaster C produced a permanent printed ticket for each breath sample, the Selig exception (which applies to transitory gauge readings) did not apply; police have no constitutional obligation to disclose such permanent test results pre-charge and the refusal did not violate ss.7 or 11(d); the s.24(2) application is dismissed.

Court Disposition

Application to exclude breath test evidence under s.24(2) dismissed.

Orders

  • Motion under s.24(2) of the Charter dismissed; breath test evidence not excluded