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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. Ikuta

[2000] O.J. No. 2764

Facts

ON CJ

Drunk Driving over 80 case, accused's first language is Japanese, used English in business but had difficulty in some words; police stopped him read his rights did breath demand all in English, spoke to duty council, was never offered an intetpreter.

Reasons

ON CJ

"Persons without working knowledge in English or French are particularly likely to feel vulnerable to an authority system they see as incomprehensible". Therefore, this court would find, based on the video, that although there is a working knowledge; there was not knowledge sufficient in this accused given his answers to the definitions of the relevant words and given the Court's observations of the video, his knowledge was not sufficient to fully understand the provisions surrounding impaired driving and driving over 80.

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