The Queen v. C.(I.) 2019

 

The Merritt police were called by a woman who said that her ex husband was “drunk as a skunk” and pounding on the front door in the middle of the night.  The police arrived and found the client passed out in the driver seat of his vehicle.  The vehicle was still running.  Once the client was removed from the vehicle it became apparent to the police that he was grossly intoxicated.  At the police station he provided samples of his breath that were almost 3 times the legal limit and accordingly he was charged with impaired and “over .08” care and control (as opposed to impaired “operation” aka driving).  At the outset of the litigation Mr. van der Walle requested extensive additional disclosure.  The Crown faltered and was unable to produce much of the disclosure.  On the evening before trial the Crown finally confirmed that the video of the client at the police station had been unintentionally overwritten and so that evidence was destroyed.  Mr. van der Walle informed the Crown that he would be applying for a judicial stay of proceedings on the basis that the Crown had failed to disclose the information that the video was destroyed in a timely manner before trial.  The Crown decided to drop the criminal charges and accept a plea to driving without due consideration for others on the highway, contrary to the Motor Vehicle Act.  Not guilty of all criminal charges.  No trial necessary.