R. v. Toupin (S.), 2016 ABPC 44

"...found a s. 8 Charter breach relying on Mann, Baker, Wondu, Malcom and Schwab . Judge Holmes came to a similar decision in R. v. Toupin, 2016 ABPC 44. [45] However, other cases have concluded that no Charter violations arose as a result of a "pat down" search prior to an ASD test. In this re..."

"...could [have been] interpreted as forming a basis of safety concern for [the officer] or anyone else” (at para 21).[47] R v Toupin, 2016 ABPC 44 : Holmes PCJ found a violation of s 8 where the officer testified that he was suspicious of all detained members of the public in terms of their ri..."

"...[2015] A.J. No. 430 (ABQB); R v Malcolm, [2015 AJ No. 640 (ABPC); R v Schwab, 2015 ABPC 180; R v Osoba, [2015] AJ no. 1122; R v Toupin, 2016 ABPC 44. I wrote on this topic earlier in a different context in R Vardanyan, 2016 ABPC 115. Since then counsel provided J. Fraser’s decision in R v P..."

"...of the Charter. See: 1.   R. v. Ottenbreit 2016 ABPC 77 2.   R. v. Osoba [2015] AJ 1122 3.   R. v. Toupin 2016 ABPC 44 4.   R. V. Wondu 2014 CarswellAlta 2709 [12]      While, no Alberta decision relies solely on police practi..."

"...Malcolm , [2015] A.J. No. 640, His Honour Judge Garriock in R. v. Osoba, [2015] A.J. No. 1122 and His Honour Judge Holmes in R. v. Toupin, 2016 ABPC 44, all held that evidence of subsequent tests should be excluded because of preceeding improper searches. [26] Contrary positions have been h..."

"...found a s. 8 Charter breach relying on Mann, Baker, Wondu, Malcom and Schwab . Judge Holmes came to a similar decision in R. v. Toupin, 2016 ABPC 44. [45] However, other cases have concluded that no Charter violations arose as a result of a "pat down" search prior to an ASD test. In this re..."

"...could [have been] interpreted as forming a basis of safety concern for [the officer] or anyone else” (at para 21).[47] R v Toupin, 2016 ABPC 44 : Holmes PCJ found a violation of s 8 where the officer testified that he was suspicious of all detained members of the public in terms of their ri..."

"...[2015] A.J. No. 430 (ABQB); R v Malcolm, [2015 AJ No. 640 (ABPC); R v Schwab, 2015 ABPC 180; R v Osoba, [2015] AJ no. 1122; R v Toupin, 2016 ABPC 44. I wrote on this topic earlier in a different context in R Vardanyan, 2016 ABPC 115. Since then counsel provided J. Fraser’s decision in R v P..."

"...of the Charter. See: 1.   R. v. Ottenbreit 2016 ABPC 77 2.   R. v. Osoba [2015] AJ 1122 3.   R. v. Toupin 2016 ABPC 44 4.   R. V. Wondu 2014 CarswellAlta 2709 [12]      While, no Alberta decision relies solely on police practi..."

"...Malcolm , [2015] A.J. No. 640, His Honour Judge Garriock in R. v. Osoba, [2015] A.J. No. 1122 and His Honour Judge Holmes in R. v. Toupin, 2016 ABPC 44, all held that evidence of subsequent tests should be excluded because of preceeding improper searches. [26] Contrary positions have been h..."