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Summary conviction appeal allowed and acquittal entered due to serious Charter breaches from pre-arrest handcuffing.
The appellant appealed his conviction for driving with a blood alcohol level over 80mg.
The trial judge found the police breached the appellant's s. 8 and s. 9 Charter rights by handcuffing him pre-arrest while waiting for a roadside screening device, but admitted the breath readings under s. 24(2).
The Superior Court of Justice allowed the appeal, finding the trial judge erred in principle by treating Charter-compliant behaviour as mitigating and by finding the officer made a legal mistake without evidence.
Conducting a fresh s. 24(2) analysis, the court found the pre-arrest handcuffing was a serious breach that was unnecessary and degrading.
The evidence was excluded and an acquittal entered.
Board denies preliminary adjournment and deferral motions in certification application, appointing officer for record check.
In an application for certification by Shopmen's Local 834, the Ontario Labour Relations Board dealt with several preliminary motions.
The Board denied the respondent's request for an adjournment to give notice to other parties, ruling the issue was raised too late.
The Board also denied a request to extend the terminal date due to an intervener application, maintaining its practice of using the original application's dates.
Finally, the Board refused to defer the certification applications pending the outcome of related grievance referrals.
A Board Officer was appointed to conduct a record check regarding the bargaining unit composition.
