Provincial Court

Decision Information

Decision Content

IN THE PROVINCIAL COURT OF NOVA SCOTIA

Citation: R. v. Petrie, 2006 NSPC 53

 

Date: 31 October 2006

Docket: 1589108

Registry: Halifax

Between:

Her Majesty the Queen

 

v.

 

Roderick John PETRIE

 

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Associate Chief Judge R. Brian Gibson

 

Heard:                            October 5, 2006 in Dartmouth, Nova Scotia

 

Subject:                          Admissibility of breath analysis evidence regarding a S.253(b) Criminal Code charge where Crown fails to establish reasonable and probable grounds for a S.254(3) breath demand.

 

Summary:                       The arresting police officer did not have reasonable and probable grounds to issue a S.254(3) breath demand.  The Accused, after receiving advice from legal counsel, provided samples of his breath for analysis of blood alcohol concentration.  The Accused alleged that his S.8 and S.9 Charter rights were violated and sought an exclusion of the breath analysis evidence pursuant to S.24(2) of the Charter.  The applicability of R. v. Rilling considered.

 

Issue:                            Were the S.8 and S.9 Charter rights of the Accused violated and if so, ought the breath analysis evidence be excluded pursuant to S.24(2) of the Charter.

 

 


Result:                          The Accuseds S.8 and S.9 Charter rights were found to have been violated.  The breath analysis evidence was excluded pursuant to S.24(2) of the Charter.

 

 

 

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