R. v. D.A. [Provincial Court of Alberta, Canmore, May 2019]

D. A. had spent the day snowboarding and as he was driving from the ski hill he ran into a check stop. At the check stop it was noted that there was a smell of burnt cannabis coming from the vehicle. D. A. had glossy bloodshot eyes and the smell of cannabis was still present when D. A. got out of the vehicle. D. A. admitted to smoking cannabis 1 hour prior. A Standard Field Sobriety Test was administered, which the police officer concluded D.A. had failed. D. A. was arrested for impaired driving. He eventually provided a sample of his breath and the results showed that his blood alcohol level was over the legal limit. Ms. Fagan scheduled the matter for trial and filed a Charter notice, alleging that he client was unlawfully arrested because the police lacked the reasonable grounds required to arrest him, that he was denied his right to counsel and that the police unlawfully seized breath samples from him.

BOTTOM LINE: All charges were stayed (i.e. the prosecution against D.A. was terminated) prior to trial.

Patrick Fagan

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