Alberta Provincial Court - Judgement - R v. Qasim
Item
Dublin Core
Title
Alberta Provincial Court - Judgement - R v. Qasim
Creator
Alberta Provincial Court
Date
2021
Zotero
Abstract Note
19 pages
"Criminal law --- Charter of Rights and Freedoms — Unreasonable search and seizure [s. 8] — Reasonable grounds Accused was charged with operating conveyance while his ability to do so was impaired by alcohol, under s. 320.14(1)(a) of Criminal Code (Code) and his blood/alcohol level was equal or above legal limit under s. 320.14(1)(b) of Code
R v. Qasim, 2021 ABPC 86, 2021 CarswellAlta 744 2021 ABPC 86, 2021 CarswellAlta 744, [2021] A.W.L.D. 3172, [2021] A.W.L.D. 3174... Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 2 was driving her car when she saw accused's vehicle being driven erratically and collide with concrete structure — Officer at scene testified that she formed reasonable and probable grounds to believe accused's ability to drive was impaired because he was driving erratically, was unsteady on his feet, had enlarged pupils, slurred his words, and had smell of alcohol on his breath — Ruling on admissibility of evidence — Accused's rights against arbitrary detention under s. 9 of Canadian Charter of Rights and Freedoms (Charter) and unlawful search and seizure s. 8 of Charter were not breached — Considering totality of evidence, even if equivocal signs of impairment were given no weight, indicia included marked departure from normal driving including swerving into oncoming traffic, unexplained collision, and smell of alcohol on accused's breath — Here, reasonable and probable grounds to arrest were supported by facts. Criminal law
--- Charter of Rights and Freedoms — Life, liberty and security of person [s. 7] — Pre-trial right to silence Accused was charged with operating conveyance while his ability to do so was impaired by alcohol, under s. 320.14(1)(a) of Criminal Code (Code) and his blood/alcohol level was equal or above legal limit under s. 320.14(1)(b) of Code — Approximately ten seconds into officer's interaction with accused, accused began to walk away resulting in officer holding onto his wrist and verbally directing him, and during this time, accused was not informed of reason for detention or of his right to counsel Video recording revealed that officer continued questioning accused, after he was arrested, including asking him how much he had to drink and whether bottle of alcohol she found in search incident to arrest, belonged to him
— There was eight minute delay from time accused was arrested to when he was chartered and cautioned — Ruling on admissibility of evidence — Officer breached accused's rights under s. 7 under Canadian Charter of Rights and Freedoms (Charter) upon detention and arrest — Accused was detained such officer had obligation to immediately inform him why he was detained and of his rights to silence and counsel — There was eight-minute delay from time of detention to officer reading accused his Charter rights and evidence showed delay was not for officer or public safety
— Officer did not refrain from eliciting incriminating evidence before informing accused of his rights.
"Criminal law --- Charter of Rights and Freedoms — Unreasonable search and seizure [s. 8] — Reasonable grounds Accused was charged with operating conveyance while his ability to do so was impaired by alcohol, under s. 320.14(1)(a) of Criminal Code (Code) and his blood/alcohol level was equal or above legal limit under s. 320.14(1)(b) of Code
R v. Qasim, 2021 ABPC 86, 2021 CarswellAlta 744 2021 ABPC 86, 2021 CarswellAlta 744, [2021] A.W.L.D. 3172, [2021] A.W.L.D. 3174... Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 2 was driving her car when she saw accused's vehicle being driven erratically and collide with concrete structure — Officer at scene testified that she formed reasonable and probable grounds to believe accused's ability to drive was impaired because he was driving erratically, was unsteady on his feet, had enlarged pupils, slurred his words, and had smell of alcohol on his breath — Ruling on admissibility of evidence — Accused's rights against arbitrary detention under s. 9 of Canadian Charter of Rights and Freedoms (Charter) and unlawful search and seizure s. 8 of Charter were not breached — Considering totality of evidence, even if equivocal signs of impairment were given no weight, indicia included marked departure from normal driving including swerving into oncoming traffic, unexplained collision, and smell of alcohol on accused's breath — Here, reasonable and probable grounds to arrest were supported by facts. Criminal law
--- Charter of Rights and Freedoms — Life, liberty and security of person [s. 7] — Pre-trial right to silence Accused was charged with operating conveyance while his ability to do so was impaired by alcohol, under s. 320.14(1)(a) of Criminal Code (Code) and his blood/alcohol level was equal or above legal limit under s. 320.14(1)(b) of Code — Approximately ten seconds into officer's interaction with accused, accused began to walk away resulting in officer holding onto his wrist and verbally directing him, and during this time, accused was not informed of reason for detention or of his right to counsel Video recording revealed that officer continued questioning accused, after he was arrested, including asking him how much he had to drink and whether bottle of alcohol she found in search incident to arrest, belonged to him
— There was eight minute delay from time accused was arrested to when he was chartered and cautioned — Ruling on admissibility of evidence — Officer breached accused's rights under s. 7 under Canadian Charter of Rights and Freedoms (Charter) upon detention and arrest — Accused was detained such officer had obligation to immediately inform him why he was detained and of his rights to silence and counsel — There was eight-minute delay from time of detention to officer reading accused his Charter rights and evidence showed delay was not for officer or public safety
— Officer did not refrain from eliciting incriminating evidence before informing accused of his rights.
Date
2021
Title
Alberta Provincial Court - Judgement - R v. Qasim
Attachment Title
03 - R v Qasim.pdf
Collection
Citation
Alberta Provincial Court, “Alberta Provincial Court - Judgement - R v. Qasim,” Deobfuscating State Surveillance, accessed May 20, 2024, https://surveillance.glendon.yorku.ca/items/show/905.