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October 16, 2005

SCC finds right to legal counsel not absolute for suspected drunk drivers.

The Supreme Court of Canada's ruling in R. v. Orbanski; R. v. Elias, 2005 SCC 37 endorses the use of roadside breathalyzer and sobriety tests as reasonable limits on the right to counsel of a person accused of drunk driving. The Court found that reducing the damage caused by drunk drivers constituted a compelling state objective and that the use of standard screen methods (like the breathalyzer) were both rationally connected to that objective and no more intrusive than necessary to meet it. It's early days yet but this decision highlights the imporantance of vigilence on the part of defence counsel to ensure that an accused's s.10(b) Charter rights are observed in the context of police administering a roadside screening test.

To read the full reasons for judgment click HERE.

Posted by BCCLB at October 16, 2005 03:00 PM