Judge rules on charter rights breaches in drunk driving case
By Peggy Revell on December 21, 2017.
prevell@medicinehatnews.com @MHNprevell It was win some, lose some for defence and Crown in the case of a Cypress County man accused of a drunk driving collision that severely injured multiple people in 2015, as a Medicine Hat judge issued rulings Thursday on alleged breaches of the accused’s charter rights. In handing down his decision at the Medicine Hat Provincial Courthouse, Judge Eric Brooks ruled that there was no charter breach by the length in time it took for police to properly arrest the accused — one of multiple breaches defence counsel put forward at the voir dire hearing, held mid-trial in early December. Curtis Beisel faces multiple counts of impaired driving and dangerous driving causing bodily harm after allegedly driving the wrong way down the Trans-Canada Highway near Dunmore in December 2015. An ensuing collision sent multiple people to hospital, including a newborn baby. Brooks said that due to paramedics providing medical treatment following the collision, it was reasonable for the officer to delay officially arresting the accused until they had almost arrived at hospital via ambulance. Brooks also ruled no breach occurred when the officer requested blood samples be taken instead of the breathalyzer being used. Nor was there a breach when hospital staff took blood from the accused, which was later then obtained through warrant by police as evidence, the judge ruled. But Brooks did rule there was a constitutional breach of the accused’s right to legal counsel — while the officer had taken some steps to help the accused contact a lawyer while at the hospital, “implementation was not satisfactory” and the officer should have done more to ensure the accused had access to legal counsel before bloodwork was taken that could be used as evidence against him. The next date to address the case is now set for Jan. 25, 2018, with Crown to argue that bloodwork evidence should be allowed despite the charter breach ruling. The trial is then set to continue on Feb. 20, 2018. 10-9
