R. v. Leduc

R. v. Leduc

The Court held that the accused's s.10(b) right was breached and that, under s.24(2), the breath evidence must be excluded; accordingly the convictions cannot stand and the trial acquittals are restored.

Source-derived case information.

Citation
[1989] 1 SCR 1586
Parties
Appellant: Daniel Leduc; Respondent: Her Majesty the Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 June 1989
Procedural Posture
Criminal Appeal (impaired Driving) / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
Outcome
Appeal allowed; convictions set aside; acquittals restored.
Legal Topics
Charter S.10(b) Right to Counsel, Charter S.24(2) Exclusion of Evidence, Impaired Driving, Breath Sample
Source Language
english
Criminal Law Constitutional Law Charter S.10(b) Right to Counsel Charter S.24(2) Exclusion of Evidence Impaired Driving Breath Sample

Source-derived case record

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Parties

Daniel Leduc

Appellant

Her Majesty the Queen

Respondent

Procedural Posture

Criminal Appeal (impaired Driving) / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal

Legal Issues

  1. 1 Whether the accused's s.10(b) Charter right to retain counsel was infringed
  2. 2 Whether evidence obtained should be excluded under s.24(2) of the Charter because admission would bring the administration of justice into disrepute

Ratio Decidendi

The Court held that the accused's s.10(b) right was breached and that, under s.24(2), the breath evidence must be excluded; accordingly the convictions cannot stand and the trial acquittals are restored.

Court Disposition

Appeal allowed; convictions set aside; acquittals restored.

Orders

  • Appeal allowed
  • Convictions set aside