R v Fournier, 2017 ABQB 533

"...example, R v Cornell 2009 ABCA 147 at para’s 35-7, R v Clunas [1992] 1 SCR 595, and R v Chute 1997 Canlii 1405 (NSCA) [20] R v Fournier 2017 ABQB 533 [21] R v Fournier 2017 ABCA 424 [22] In fact, the case law makes it clear that it is the totality of the circumstances that must be considere..."

"...2018 SKPC 15; R v Riggs, 2017 SKPC 94; R v Uffelman, 2018 SKPC 8; R v Koustov (2019), Scott J, Saskatoon (Sask Prov Ct) (unreported) [4] 2017 ABQB 533 [5] 2004 SCC 52, [2004] 3 SCR 59 [Mann] [6] [1992] 3 SCR 615 [7] An example of going too far can be seen in R v Latzkowski, 2019 SKQB 335, w..."

"...of the Alberta Court of Queen’s Bench does provides significant guidance in resolving this controversy.  In R. v. Fournier 2017 ABQB 533, Justice Ross confronts the search issue and provides a detailed review of the Alberta cases.  At paragraph 29, Justice Ross considers tw..."

"...whether the officer’s safety, or the safety of others was at risk.  I agree with Madam Justice Ross in R v Fournier, (2017) ABQB 533 at paragraph 53 that, as a result of the context, a certain degree of latitude in the assessment of police decisions relative to these investigati..."

"...nor anything to suggest that Mr. Hiller might do something to obstruct his investigation while he fetched the ASD. [9] R v Fournier 2017 ABQB 533 is both instructive and binding on me. Paragraphs 48 and following are particularly helpful. Although leave to appeal was granted, I understand t..."

"...Act, 1975, SC 1974-75-76, c 93 Cases Considered: R v Aucoin, 2012 SCC 66, [2012] 3 SCR 408, 2011 NSCA 64, 273 CCC (3d) 172 R v Fournier, 2017 ABQB 533, 141 WCB (2d) 432, 56 Alta LR (6th) 390 R v Grant, 2009 SCC 32, [2009] 2 SCR 353, 309 DLR (4th) 1, 391 NR 1, 253 OAC 124, 245 CCC (3d) 1, 66..."

"...Act, 1975, SC 1974-75-76, c 93 Cases Considered: R v Aucoin, 2012 SCC 66, [2012] 3 SCR 408, 2011 NSCA 64, 273 CCC (3d) 172 R v Fournier, 2017 ABQB 533, 141 WCB (2d) 432, 56 Alta LR (6th) 390 R v Grant, 2009 SCC 32, [2009] 2 SCR 353, 309 DLR (4th) 1, 391 NR 1, 253 OAC 124, 245 CCC (3d) 1, 66..."

"...example, R v Cornell 2009 ABCA 147 at para’s 35-7, R v Clunas [1992] 1 SCR 595, and R v Chute 1997 Canlii 1405 (NSCA) [20] R v Fournier 2017 ABQB 533 [21] R v Fournier 2017 ABCA 424 [22] In fact, the case law makes it clear that it is the totality of the circumstances that must be considere..."

"...2018 SKPC 15; R v Riggs, 2017 SKPC 94; R v Uffelman, 2018 SKPC 8; R v Koustov (2019), Scott J, Saskatoon (Sask Prov Ct) (unreported) [4] 2017 ABQB 533 [5] 2004 SCC 52, [2004] 3 SCR 59 [Mann] [6] [1992] 3 SCR 615 [7] An example of going too far can be seen in R v Latzkowski, 2019 SKQB 335, w..."

"...of the Alberta Court of Queen’s Bench does provides significant guidance in resolving this controversy.  In R. v. Fournier 2017 ABQB 533, Justice Ross confronts the search issue and provides a detailed review of the Alberta cases.  At paragraph 29, Justice Ross considers tw..."

"...whether the officer’s safety, or the safety of others was at risk.  I agree with Madam Justice Ross in R v Fournier, (2017) ABQB 533 at paragraph 53 that, as a result of the context, a certain degree of latitude in the assessment of police decisions relative to these investigati..."

"...nor anything to suggest that Mr. Hiller might do something to obstruct his investigation while he fetched the ASD. [9] R v Fournier 2017 ABQB 533 is both instructive and binding on me. Paragraphs 48 and following are particularly helpful. Although leave to appeal was granted, I understand t..."