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Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
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Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX) (view source)
Revision as of 20:49, 22 July 2021
, 20:49, 22 July 2021no edit summary
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Where a police officer, on reasonable and probable grounds, believes a person has alcohol or a drug in their system, that officer may require a sample of breath to be produced. A person who refuses to comply with a valid breath demand without a reasonable excuse for refusing may face criminal charges for failure to provide a breath sample. See Chapter 13: Motor Vehicle Law for more information. | Where a police officer, on reasonable and probable grounds, believes a person has alcohol or a drug in their system, that officer may require a sample of breath to be produced. A person who refuses to comply with a valid breath demand without a reasonable excuse for refusing may face criminal charges for failure to provide a breath sample. See Chapter 13: Motor Vehicle Law for more information. | ||
== H. Admission of evidence obtained | == H. Admission of evidence obtained in contravention of ''Charter'' (24(2)) == | ||
It is good practice to advise the Crown ahead of time before making a ''Charter'' argument. In the ''Charter'' notice the accused should provide the Crown with sufficient particulars of the argument, including the alleged breach, the remedy sought, and the witnesses required for the application (''Voir Dire''). Cite cases on which the clinician intends to rely. | It is good practice to advise the Crown ahead of time before making a ''Charter'' argument. In the ''Charter'' notice the accused should provide the Crown with sufficient particulars of the argument, including the alleged breach, the remedy sought, and the witnesses required for the application (''Voir Dire''). Cite cases on which the clinician intends to rely. | ||