REGINA V B.K. [PROVINCIAL COURT, CALGARY]

B was charged with allegations of impaired operation of a conveyance and refusal of a breath demand, contrary to sections 320.14(1)(A) and 320.15 of the Criminal Code. The allegations arose when the CPS responded early in the morning to a parked vehicle in a suburb and found B waiting for his friend to get into his house. Following a heated confrontation B was arrested for impaired operation without a roadside screening device and placed in the back of a police van. Despite not waiving his right to counsel and stating he had a lawyer the CPS officers charged him with refusal and did not give him an opportunity to exercise his right. Calgary Defence lawyer Curtis Mennie was retained, filed Charter on the right to counsel issue and prepared for trial. On the day of trial all charges against B were withdrawn, B received no criminal conviction.