Impaired Driving and Over 80 (Offence Cases): Difference between revisions
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|''R v Megahy'',<br> [http://canlii.ca/t/1x27d 2008 ABCA 207] (CanLII) || 34 minute delay resulted in Charter violation | |''R v Megahy'',<br> [http://canlii.ca/t/1x27d 2008 ABCA 207] (CanLII) || 34 minute delay resulted in Charter violation | ||
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|R v Lemarchant<br> [2009] OJ No 4297 (S.C.J.) {{NOCANLII}}|| | |''R v Lemarchant''<br> [2009] OJ No 4297 (S.C.J.) {{NOCANLII}}|| | ||
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|R v Forsythe <br>[http://canlii.ca/t/21vdp 2008 MBQB 316] (CanLII)|| | |R v Forsythe <br>[http://canlii.ca/t/21vdp 2008 MBQB 316] (CanLII)|| | ||
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| R v Guenter<br> 2011 OJ 2233 {{NOCANLII}} || collision with injuries, officer was distracted and forgot to make the demand until 60 minutes after arrest when it was done by the qualified technician | | ''R v Guenter''<br> 2011 OJ 2233 {{NOCANLII}} || collision with injuries, officer was distracted and forgot to make the demand until 60 minutes after arrest when it was done by the qualified technician | ||
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|R v Chung <br>[2009] OJ No 1546 (S.C.J.) {{NOCANLII}}|| | |R v Chung <br>[2009] OJ No 1546 (S.C.J.) {{NOCANLII}}|| | ||
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| R v Price<br>[http://canlii.ca/t/29cc4 2010 ONSC 1898] (CanLII), [2010] OJ No 1587 (S.C.J.)|| | | ''R v Price''<br>[http://canlii.ca/t/29cc4 2010 ONSC 1898] (CanLII), [2010] OJ No 1587 (S.C.J.)|| | ||
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| R v Singleton <br>[http://canlii.ca/t/1pwh9 2006 CanLII 36500] (ON SC), [2006] OJ 4332 || 29 minute delay - not ASAP - driver failed ASD, transported to station, demand read at station 29 minutes later. Officer fails to explain the full delay. | | R v Singleton <br>[http://canlii.ca/t/1pwh9 2006 CanLII 36500] (ON SC), [2006] OJ 4332 || 29 minute delay - not ASAP - driver failed ASD, transported to station, demand read at station 29 minutes later. Officer fails to explain the full delay. | ||
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| ''R v Squires'',<br> [http://canlii.ca/t/1ctn1 2002 CanLII 44982] (ON CA), [2002] OJ No 2314 || 59 minutes after arrest -- vehicle collision, driver taken to hospital by ambulance, police delayed until patient available to speak | | ''R v Squires'',<br> [http://canlii.ca/t/1ctn1 2002 CanLII 44982] (ON CA), [2002] OJ No 2314 || 59 minutes after arrest -- vehicle collision, driver taken to hospital by ambulance, police delayed until patient available to speak | ||
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| R v Janssen<br> (1997) OJ 758 {{NOCANLII}}|| 93 minute delay after encountering driver - vehicle collision, ambulance takes driver to hospital, accused claims to have had a stroke. | | ''R v Janssen''<br> (1997) OJ 758 {{NOCANLII}}|| 93 minute delay after encountering driver - vehicle collision, ambulance takes driver to hospital, accused claims to have had a stroke. | ||
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| ''R v Zmurchyk'',<br> [http://canlii.ca/t/2d8kw 2010 ABPC 359] (CanLII) || guilty || review of case law | | ''R v Zmurchyk'',<br> [http://canlii.ca/t/2d8kw 2010 ABPC 359] (CanLII) || guilty || review of case law | ||
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| R v Yakobchuk<br> [http://canlii.ca/t/1lhc5 2005 ABPC 189] (CanLII) || not guilty || | | ''R v Yakobchuk''<br> [http://canlii.ca/t/1lhc5 2005 ABPC 189] (CanLII) || not guilty || | ||
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| ''R v Brahniuk'',<br> [http://canlii.ca/t/5hqg 2002 SKCA 104] (CanLII) || guilty || turned on truck, locked door and passed out across the front seats. Risk of putting in motion. | | ''R v Brahniuk'',<br> [http://canlii.ca/t/5hqg 2002 SKCA 104] (CanLII) || guilty || turned on truck, locked door and passed out across the front seats. Risk of putting in motion. | ||
Revision as of 13:49, 13 January 2019