By CHAT News Today

Judge rules Charter right violated for man facing impaired driving charge

Dec 21, 2017 | 1:00 PM

MEDICINE HAT, AB — A judge has determined a Charter right was breached in the case of a man charged with impaired driving in connection with a Trans-Canada Highway Collision two years ago.

During a hearing in provincial court Thursday, the judge determined Curtis Beisel’s right under the Canadian Charter of Rights and Freedoms to retain legal counsel was violated.

Beisel, 56, is facing 12 charges, including four counts of of impaired operation of a motor vehicle causing bodily harm, four counts of exceeding .08 causing bodily harm and four counts of dangerous driving causing bodily harm in connection with the incident of Dec. 17, 2015.

It is alleged Beisel was driving a Chrysler sedan the wrong way in the westbound lanes of the Trans-Canada Highway, when it collided with a van carrying a family of four, seriously injuring three people, including an infant that was one week old at the time.

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The passenger in Beisel’s car also suffered injuries.

Beisel was charged in January 2016.

Beisel’s trial ran for three days on Nov. 27, Nov. 30 and Dec. 1. On the third day, Lyndon Heidinger, Beisel’s lawyer, called for a voir dire to determine the admissibility of blood evidence taken by the RCMP the night of the collision.

Heidinger argued Beisel’s Charter rights under Section 8 (The right to be secure against unreasonable search or seizure) Section 10-A (Everyone has the right on arrest or detention to be informed promptly of the reasons therefor ) and Section 10-B (Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right) were violated the night of the incident.

The judge ruled Beisel’s rights weren’t breached under Section 8 and Section 10A, noting the circumstances at the scene, with EMS and firefighters extracting Beisel from his vehicle and providing medical first response.

However, regarding Section 10-B., the judge determined a breach occurred in Beisel obtaining legal counsel.

The case returns to court on January 25, where the Crown and defence will argue whether the blood evidence obtained by RCMP will be admissible in court.