R. v. M.D.M.

(Banff, P.C. - Impaired Driving).  MDM was charged with impaired driving and operating a motor vehicle with blood-alcohol above the legal limit in Banff, Alberta.  The case was scheduled for trial in Canmore Provincial Court. MDM filed a Charter Notice alleging a number of breaches, including a violation of the right to retain and instruct counsel without delay contrary to s. 10(b) of the Canadian Charter of Rights and Freedoms.  Though there were a number of credible Charter breaches, the strongest ground revolved around the failure on the part of the investigating police to obtain a valid "waiver" of the right to counsel.  Applying R. v. Prosper, [1994] S.C.J. No. 72, R. v. Bartle, [1994] S.C.J. No. 74, R. v. Luong, [2000] A.J. No. 1310, R. v. Sinclair, [2010] S.C.C. No. 35 and a plethora of other cases, the law is clear: the accused must unequivocally express whether he/she wishes to speak with a lawyer and where there is hesitation or a lack of clarity, the accused must clearly “waive” his or her right to counsel.   The case against MDM was stayed by the prosecution.  David Chow is a Cochrane criminal lawyer who routinely appears in Canmore/Banff to defend criminal cases.  If you have been charged with impaired driving in Alberta or have been issued immediate roadside sanctions and need a Roadside Sanctions Lawyer, call for a free telephone consultation. Under SafeRoads Alberta the law with respect to immediate roadside sanctions (IRS) is new (coming into force on December 1st, 2020).  Consult with a qualified criminal lawyer in Alberta to discuss your roadside sanctions issue. Remember, you only have 7 days to file a notice of IRS appeal.