Ontario criminal decisions

Alcohol standard expired long after offence date

Criminal Law - Offences against the person and reputation - Driving/care or control with excessive alcohol [over 80]

Officer did not appear to appreciate extent of legal obligation to provide right to counsel

Criminal Law - Charter of Rights and Freedoms - Charter Remedies [S. 24]

Expansion of Charter right under s. 10(b) was inconsistent with binding appellate authority

Criminal Law - Charter of Rights and Freedoms - Arrest or Detention [s. 10]

Accused did not intend to drive vehicle and only returned to car to warm himself

Criminal Law - Offences Against the Person and Reputation - Driving/Care or Control with Excessive Alcohol [Over 80]

Given accused’s blood alcohol level, expert evidence alone was sufficient to establish impairment

Criminal Law - Offences Against the Person and Reputation - Impaired Driving Causing Death

Accused did not have burden of establishing the reasonable opportunity to consult counsel

Criminal Law - Charter of Rights and Freedoms - Arrest or Detention [s. 10]