R. v. P.M.

(Calgary, Q.B. - Impaired Driving). Client was convicted at trial of operating a motor vehicle with a blood-alcohol level exceeding the legal limit.  The trial judge convicted the accused based on completely non-existent evidence. Specifically, there was no evidence that an evidentiary breath demand was ever read, but the trial judge concluded that a breath demand was in fact made. Due to these factual issues, the Crown conceded the appeal and the case was remitted for a new trial by a Court of Queen's Bench Justice. This case illustrates the real frailties of our criminal justice system. Mistakes can be made at any stage of the process and by any party to the process. Criminal defence lawyers certainly do not practice mistake free and neither do Crowns or judges. More troubling, is that some defence lawyers have not really learned how to defend a case, some Crowns have little concept of public interest and some judges -- due to lack of experience or pure political outlook -- seem unwilling to serious apply the presumption of innocence or Charter values. Sometimes, the only way to win your case is to accept that appeal is necessary. Of course, appellate courts fall prey to similar frailties as other courts. Despite the imperfections in our system of justice, it is important that you fight the case to fullest extend of your ability. David Chow is a criminal lawyer in Calgary who has defended, prosecuted and appeared as appellate counsel.