R. v. Campbell

R. v. Campbell

The detention was arbitrary and breached s.9 because once the investigation was complete none of the statutory exceptions in s.497(1.1) applied; the officer's asserted reason (that the accused could not comprehend release documents) was unsupported by the evidence and is not a lawful basis for continued detention, and because the breach fell within the O'Connor residual category with no adequate alternative remedy the appropriate remedy is a judicial stay of proceedings.

Citation
2019 NSPC 44
Parties
Crown: Her Majesty the Queen; Defendant: Peter Joseph Campbell
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 October 2019
Procedural Posture
Criminal Impaired Operation of a Motor Vehicle and Refusal to Comply With Breath Demand / Charter Voir Dire and Decision (judicial Stay Entered)
Outcome
Judicial stay entered; all charges stayed against Peter Joseph Campbell (docket 731632).
Legal Topics
Arbitrary Detention, Section 9 Charter, Stay of Proceedings, S.497 Criminal Code Detention Exceptions, Impaired Driving (s.253 Cc), Refusal to Provide Breath Sample
Source Language
English
Criminal Law Constitutional Law Police Powers and Detention Arbitrary Detention Section 9 Charter Stay of Proceedings S.497 Criminal Code Detention Exceptions Impaired Driving (s.253 Cc) +1 more

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Parties

Her Majesty the Queen

Crown

Peter Joseph Campbell

Defendant

Procedural Posture

Criminal Impaired Operation of a Motor Vehicle and Refusal to Comply With Breath Demand / Charter Voir Dire and Decision (judicial Stay Entered)

Legal Issues

  1. 1 Whether detention of the accused from 3:06 am to 9:56 am was arbitrary under s.9 of the Charter
  2. 2 Whether the grounds in s.497(1.1) Criminal Code justified continued detention after investigation concluded
  3. 3 Whether a stay of proceedings is the appropriate remedy for the s.9 breach under the O'Connor residual category

Ratio Decidendi

The detention was arbitrary and breached s.9 because once the investigation was complete none of the statutory exceptions in s.497(1.1) applied; the officer's asserted reason (that the accused could not comprehend release documents) was unsupported by the evidence and is not a lawful basis for continued detention, and because the breach fell within the O'Connor residual category with no adequate alternative remedy the appropriate remedy is a judicial stay of proceedings.

Court Disposition

Judicial stay entered; all charges stayed against Peter Joseph Campbell (docket 731632).

Orders

  • Stay of proceedings entered on all charges against Peter Joseph Campbell (information #731632)