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 R. v. Campbell

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ID: 651

Title: R. v. Campbell

Cite: 44 C.C.C. (3d) 502

Court: ON CA

Date: 20/10/1988

Justices: Lacourciere, Morden and Grange JJ.A.

Result: Appeal allowed; charged dismissed

WhoWon: P

Issue: Reasonable & Probable Grounds


Charges: care or control and failing to comply with readside screening device


 

Facts

The accused was charged with care or controle of a motor vehicle while his ability to drive was impaired by alcohol and failing to comply with the roadside screening device demand. The police officer found the accused in his motor vehicle which was parked on a streen. At the time the vehicle was running but the accused was asleep in the frnt seat. The officer noted a strong odour of alcohol and based on other ovservations arrested the accused on a chaged of care or control of a motor vehicle while impaired. The officer then made a breathalyzer demand and took the accused to the police detachment. Upon arriving at the detachment the officer was informed that the breathalyzer technician was unabailable for one hour. At that time, the officer then decided to make a roadside screening device demand. The accused failed to comply with this demand. The accused's appeal from conviction for the offence was dismissed Edit


Reasons

Section 234.1 on the Criminal Code allows a police officer to make a demand where the officer reasonably suspects that the person who "is driving a motor vehicle or has care or control of a motor vehicle" has alcohol in his body. In this case, the words "is" and "has" must have some degree of past signification to interpret the workds as having a strictly literal meaning applying only in the present tense could defeat the purpose of the provission and lead to absurd results. On the other had, the justifiable time lapse after the actual care and control has ended should be no longer than is reasonably neccessary to enable the police officer to carry out his duties under the provision. The demand should be made as soon as in reasobably possible in the circumstances. In this case it was clear that the accused did not have care or control of the motor vehicle at the time the demand was made. The officer had an opputunity of making the demand at the roadside but did not do so but rather embarked on a different course of investigation. At the time that the officer chaged his mind and did make the demand, it could not reasonably be said that the accused was in the care and control of hios motor vehicle. Edit


 

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