The Crown appealed an acquittal on impaired driving and excess blood alcohol charges after the trial judge barred the Crown from conducting a voluntariness voir dire concerning the accused’s statement to police.
The appeal court held that, although trial judges have broad authority to manage proceedings efficiently and fairly, that authority cannot be exercised in a manner that unfairly causes irreparable damage to the prosecution.
The court found the parties had notice from the judicial pretrial that the Crown intended to rely on the statement, and any delay or prejudice could have been managed by recalling officers on a limited voir dire.
The exclusion of the statement on trial management grounds was legal error.
The acquittal was set aside and a new trial ordered.
