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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. Ferguson
[1996] O.J. No. 4625
Facts
ON PD
RIDE program, denial of consumption, within 30 to 45 seconds Cst. noticed slurred speech, eyes glassy, strong odour alcholoic beverage from vehicle (area of driver), driver took off when directed to stop. but denial, no evidence of manner in which driving prior to stop or after RIDE, no co-ordination test, no idea balance,officer decided grounds and arrested, no ASD used
Reasons
ON PD
grounds to direct coordination tests, ground to require ASD test and dtain for sufficient time to do so, objectively viewed did not have reasonable and probable ground to arrest, s. 9 violated, pursuant to s. 24(2) had it not been for the violation of the rights any further evidence of impairment would not have been obtained,all evidence gathered subsequent to arrest excluded
Considered
ON PD
decision includes synopsis of R. v. David Cooper, 46 M.V.R. (2d) 231 per Judge MacDonnell