R. v. Whiteway

R. v. Whiteway

The police breached s.10(b) by failing to inform the accused of the availability of duty counsel and the Legal Aid program; applying the s.24(2) factors (trial fairness, seriousness of the breach, effect on administration of justice) the breathalyzer evidence was excluded because the breach prejudiced trial fairness, was serious and admission would harm the administration of justice.

Citation
2003 NSPC 22
Parties
Crown: R.; Accused: Kyle Whiteway
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 April 2003
Procedural Posture
Criminal Impaired Driving / Pre Trial Voir Dire and S.24(2) Charter Remedy Hearing
Outcome
Charter s.10(b) violation found and breathalyzer evidence excluded under s.24(2)
Legal Topics
S.10(b) Right to Counsel, S.24(2) Exclusion of Evidence, Duty Counsel, Legal Aid, Impaired Driving
Source Language
English
Constitutional Law Criminal Law S.10(b) Right to Counsel S.24(2) Exclusion of Evidence Duty Counsel Legal Aid Impaired Driving

Case Brief

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Parties

R.

Crown

Kyle Whiteway

Accused

Procedural Posture

Criminal Impaired Driving / Pre Trial Voir Dire and S.24(2) Charter Remedy Hearing

Legal Issues

  1. 1 Whether the s.10(b) Charter information given to the detained accused was constitutionally adequate with respect to duty counsel and Legal Aid
  2. 2 Whether the breathalyzer evidence should be excluded under s.24(2) of the Charter after a s.10(b) breach

Ratio Decidendi

The police breached s.10(b) by failing to inform the accused of the availability of duty counsel and the Legal Aid program; applying the s.24(2) factors (trial fairness, seriousness of the breach, effect on administration of justice) the breathalyzer evidence was excluded because the breach prejudiced trial fairness, was serious and admission would harm the administration of justice.

Court Disposition

Charter s.10(b) violation found and breathalyzer evidence excluded under s.24(2)

Orders

  • Exclude breathalyzer results obtained as a result of the s.10(b) breach