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Edmonton Criminal Lawyer Ziv >  Blog
07 October
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Refusing to provide a breath sample

Posted by Rory
in Impaired Driving

Refusing to Provide a Breath Sample

When stopped by police and asked to provide a breath sample into an approved screening device, should you comply?

As a general rule the answer to this question is “yes”. A police officer requires very little grounds to demand that you provide a sample of your breath into an approved screening device. The law currently in Canada states that all that is required for him/her to have grounds to demand a sample of your breath into an approved screening device is reasonable suspicion to believe there is alcohol in your blood.

How does the officer form this suspicion? There can be many different ways depending on the circumstances.

Admissions

Firstly, the officer may simply ask “have you had anything to drink”. If the answer is yes and this answer can be linked temporally to your driving then that would be enough grounds. In the leading case in Alberta R. v. Flight 2014 ABCA 185 at paras 58 and 61 the following law was pronounced:

In this way, Hnetka is distinguishable on its facts. The driver in Hnetka said that he had something to drink “a while ago.” Where a driver qualifies an admission of consumption temporally, this alone may not be sufficient to ground a reasonable suspicion: see R v Kimmel, 2008 ABQB 594 at paras 34-35, 459 AR 95. Each case must be assessed on its own facts.

In summary, I conclude that in most cases, admission of consumption alone will be sufficient to ground an objectively reasonable suspicion. Reasonable suspicion is a low standard. Police officers are not required to inquire into an alcohol consumption history with a driver at the roadside. However, each case must be assessed on its own facts. Police officers must respond to information as it unfolds.

Indicia

If a motorist does not admit to drinking an officer may still be able to smell alcohol on a motorist’s breath. If the officer is able to convince the trial judge (and on this point he usually can, although, my office has had success in convincing a judge that the officer was mistaken on what he smelled) that he smelled alcohol then that would be enough.  Other indicia would include and accident; slurred speech; blood shot eyes; poor balance and co-ordination etc. etc.

The bottom line

A peace officer needs very little to demand a sample of your breath into an approved instrument. Only unless you are convinced beyond certainty that the officer is simply on a pure fishing expedition without any grounds whatsoever can you refuse in law. This course of action is risky. A refusal conviction is akin to an impaired conviction.

05 October
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Citizen’s Arrest

Posted by Rory
in Charter Rights

R. v. Fitl 2015 AJ No 985

This is a case I conducted. The accused was acquitted after drug evidence was excluded.

The accused was at a rave and was subject to a citizen’s arrest. The trial judge found that the arrest was unlawful because the security guards at the rave did not actually see the accused committing an offence. Furthermore, when the police officer asked the accused for identification, this amounted to an unreasonable search or seizure of the accused. An illegal pat-down search and cell phone search was also found.

Canadian Charter of Rights and Freedoms

05 October
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After the fact conduct and the defence of provocation

Posted by Rory
in Defences

The Appellant was convicted of second degree murder. He appealed his conviction. The Ontario Court of Appeal allowed the Appeal  and ordered a new trial?

After the fact conduct

The Appellant buried the body of his girlfriend after he strangled her. The issues that arose were two-fold: Firstly, the trial judge left the jury with the impression that the Appellant’s after-the-fact-conduct (burying the body) could prove that he intended to kill her. The Ontario Court of Appeal concluded that while in some cases after-the fact-conduct could be used as evidence to prove intent, on the facts of this case the trial judge failed to properly instruct the jury that the after-the fact conduct did not necessarily prove intent to kill.

Provocation

The second issue concerned the defence of provocation. The trial judge left the jury with an instruction that larger people should have more self-control than smaller people. The Ont. C.A. said at paras 85-86:

     The appellant’s size and athletic ability are not characteristics that have any inherent relevance to the degree of self-control expected of an ordinary person. Large people or good athletes are not expected to have more or less self-control than small people who are not athletic.

     It is unnecessary to fix the ordinary person with the appellant’s size and athletic ability to properly assess whether the alleged provocative conduct was sufficient to cause an ordinary person to lose the power of self-control.

R v. Hill 2015 OJ No. 4758 (Ont C.A)

28 September
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Search Warrants

Posted by Savvas
in Search Warrants

I often have Edmonton clients who advise me that they have their premises searched but are not shown a copy of the search warrant when they request same. Section 29. of the Criminal Code of Canada says that the police must show a copy of the search warrant when it is feasible to do so. In a recent case the failure of the police to do so resulted in the Court finding the accused’s rights were violated.

See R. v. McCarter BCJ No 871

28 September
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Accident Statements

Posted by Savvas
in Traffic Accident

The Alberta Court of Appeal recently upheld a trial decision where a person accidentally struck and killed a person on an Edmonton Highway who was assisting another motorist with a flat tire. In that case the driver who caused the accident reported the accident to the police and his insurance company as he was required to do so by law. The Crown then sought to use his report against him to prove he was the driver who caused the accident and to obtain a search warrant to seize his motor vehicle.

I could never understand why the case was prosecuted. The Supreme Court of Canada has been very clear that statements that are statutorily compelled cannot be used against an individual. I also question the police tactics in this case. To obtain a search warrant with evidence that they knew was inadmissible was attempt to circumvent the law.

The full case can be found HERE

23 September
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Heading Committees, Leading Corporate Meetings and making Powerful Presentations

Posted by Andrew
in High Pressure, Legal Advice
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Protecting Your Interests, Business, Property & Rights

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press. A wide range of legal services such as : Commercial litigation, banking litigations, financial and real-estate consultancy for development and investments.

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives.

As the business of our clients becomes more and more complex, it demands a proficient understanding of the global business environment.

Example of The International Private Law

Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives.

Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives.

Note: Helping Bulgarian and foreign companies to fulfill their investment projects and commercial activity in Bulgaria has been our focus since the establishment of the law firm in 1996. When leading companies venture into the Bulgarian market, we help them understand what to expect and advise them on the best techniques to protect their interests. Our highest priority is to deliver the best of ANG boutique practice with every engagement.

Strong Local Capabilities and Experience

The 911 provider shall not impose, or fail to impose, on Company any requirement, service, feature, standard. Our lawyers will also represent you in civil litigation cases such as divorce, child and spouse maintenance. Our team leverages the robust legal expertise.

In conjunction with his vast know-how, our company leverages the robust legal expertise of working in different courts. Sometimes you may find yourself in difficult situations and not be able to defuse the situation without going to court.

18 June
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Training in The Law in order to become a Domestic or International Legal Adviser

Posted by Andrew
in Pro Bono Work, Training

Protecting Your Interests, Business, Property & Rights

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press. A wide range of legal services such as : Commercial litigation, banking litigations, financial and real-estate consultancy for development and investments.

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives.

As the business of our clients becomes more and more complex, it demands a proficient understanding of the global business environment.

Example of The International Private Law

Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives.

Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives.

Note: Helping Bulgarian and foreign companies to fulfill their investment projects and commercial activity in Bulgaria has been our focus since the establishment of the law firm in 1996. When leading companies venture into the Bulgarian market, we help them understand what to expect and advise them on the best techniques to protect their interests. Our highest priority is to deliver the best of ANG boutique practice with every engagement.

Strong Local Capabilities and Experience

The 911 provider shall not impose, or fail to impose, on Company any requirement, service, feature, standard. Our lawyers will also represent you in civil litigation cases such as divorce, child and spouse maintenance. Our team leverages the robust legal expertise.

In conjunction with his vast know-how, our company leverages the robust legal expertise of working in different courts. Sometimes you may find yourself in difficult situations and not be able to defuse the situation without going to court.

22 December
0 Comments
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Launch of Our New Website

Posted by Savvas
in Uncategorized

Ziv Law Group, Edmonton Criminal Defence Lawyer is pleased to announce the launch of our new website. The new site is fully responsive, which means it will adapt itself and show well on all mobile devices (works on tablets, smart phones etc..) The new website was developed using WordPress, which also has an excellent Content Management System and Blog.