Chandler Thomas

The Crown brought a motion to admit a video-recorded statement made by the accused to police.

The accused opposed the admission, arguing the statement was involuntary and obtained in breach of his rights to silence and counsel under ss. 7 and 10(b) of the Charter.

The court found that the accused's jeopardy had not changed during the interview, so the right to counsel was not retriggered.

The court also held that the police officer's persistence in questioning did not overbear the accused's operating mind or right to choose whether to speak.

Despite a four-minute gap in the evidentiary record during the accused's transport to the station, the court concluded the statement was voluntary beyond a reasonable doubt.

The Crown's application was granted and the statement was ruled admissible.

The accused, Samantha Tripp, was charged with impaired operation of a conveyance and operating a conveyance with a blood alcohol concentration exceeding 80 mg.

The defence argued a breach of her s. 10(b) Charter rights and that breath samples were not taken "as soon as practicable." The court found no Charter breach, as police delay was justified by public safety concerns and practical limitations.

The court also found the breath samples were taken "as soon as practicable" given the circumstances.

The presumption of care and control was not rebutted.

Based on the evidence of police officers and a civilian witness, the court found the accused's ability to operate a conveyance was significantly impaired by alcohol.

Tripp was found guilty of both offences.