R. v. C.J.J.

(Whitecourt, P.C.). This was an interesting trial with several Constitutional issues at play. CJJ was charged with failing to provide a breath sample into an Approved Screening Device (ASD).  The case was very interesting because it appeared from reviewing disclosure that the investigating officer had reasonable and probable grounds to arrest her for a variety of other offences, thus triggering an immediate right to counsel.  The irony in this case was that CJJ was very lucky that she was undercharged (very different from the usual over-charging in many jurisdictions).  As a result, David Chow -- CJJ's Calgary impaired driving lawyer -- was able to advance a very credible defence that since she was owed her section 10(b) rights immediately upon detention for other offences that the officer believed occurred, her failure on the ASD should be excluded from evidence.  After cross-examination at trial, the Crown -- acting as a true Minister of Justice -- invited the Court to acquit the accused.  CJJ was found "not guilty". David Chow is a full service Calgary criminal lawyer who acts for clients throughout the Province of Alberta. If you need a proven Alberta defence lawyer, call 403.452.8018.