2 total
Accused found guilty of driving over 80; Charter challenges regarding right to counsel and breath demand dismissed.
The accused was charged with driving over the legal limit after reversing her vehicle into a parked truck.
At trial, the accused raised several Charter challenges, arguing her s. 10(b) rights were violated because she spoke to a paralegal instead of a lawyer, and challenging the officer's reasonable suspicion, note-taking, and the 'forthwith' requirement for the breath demand.
The court dismissed all Charter applications, finding the officer acted in good faith in facilitating the call to the paralegal, had sufficient grounds for reasonable suspicion, and made the demand promptly.
The accused was found guilty.
A police officer who pointed an unloaded service rifle at a colleague as a joke was granted an absolute discharge.
A police officer employed by the Niagara Regional Police Service pleaded guilty to pointing a firearm at another officer without lawful excuse.
The incident occurred at a police station when the defendant, at the end of her night shift, pointed an unloaded rifle at a colleague and pushed the muzzle into his chest as a lark.
The Crown sought a conditional discharge with probation and community service, while the defence sought an absolute discharge.
The court granted an absolute discharge, finding that denunciation was achieved through the public criminal process itself and that specific deterrence and rehabilitation were not relevant factors given the defendant's remorse, lack of prior record, and the significant personal consequences she had already suffered.
