R. v. DeRoach
The detention was not arbitrary because the officer lawfully exercised authority under the Motor Vehicle Act to stop the vehicle to check sobriety; the officer’s observation (a slight stumble) and stated purpose satisfied the statutory aim and no reasonable suspicion threshold was required for a roadside sobriety stop, so s.9 was not breached.
- Citation
- 2021 NSPC 44
- Parties
- Crown: Her Majesty the Queen; Defendant: M. DeRoach
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 19 November 2021
- Procedural Posture
- Criminal / Charter S.9 Voir Dire/decision
- Outcome
- Application denied; detention not arbitrary; breathalyzer evidence admissible.
- Legal Topics
- Arbitrary Detention, Charter S.9, Roadside Sobriety Stops, Motor Vehicle Act, Reasonable Suspicion, Exclusion of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
M. DeRoach
Defendant
Procedural Posture
Criminal / Charter S.9 Voir Dire/decision
Legal Issues
- 1 Whether the stop of the vehicle constituted an arbitrary detention contrary to s.9 of the Charter
- 2 Whether an officer must have reasonable suspicion before conducting a roadside stop to check sobriety
- 3 Whether breathalyzer readings should be excluded due to an alleged s.9 breach
Ratio Decidendi
The detention was not arbitrary because the officer lawfully exercised authority under the Motor Vehicle Act to stop the vehicle to check sobriety; the officer’s observation (a slight stumble) and stated purpose satisfied the statutory aim and no reasonable suspicion threshold was required for a roadside sobriety stop, so s.9 was not breached.
Court Disposition
Application denied; detention not arbitrary; breathalyzer evidence admissible.
Orders
- Application to exclude breathalyzer readings dismissed
Full Case Text
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