Improperly Recorded Statement Leads to Exclusion

R. v. Scharf, 2013 SKQB 327 dealt with a voir dire to determine whether breath test results and statements by Scharf should be excluded from evidence. Scharf was charged with impaired driving and driving with a blood alcohol level exceeding .08. The complainant’s vehicle was struck from behind by another vehicle. In a statement to a police officer, Scharf stated that he ran into the vehicle because it was stopped in the middle of the road. According to the Crown, Scharf therefore admitted to being the second driver. Scharf took the position that there were several grounds on which to exclude the statement and also alleged Charter violations. The Court found that the statements and breath test results were excluded from evidence. The arresting officer failed to properly record the conversation with Scharf and only provided the Court with a small portion of the conversation. The arresting officer also did not form the requisite grounds to make the breath demand. The Charter breaches were serious and the effects on Scharf were significant. The administration of justice would be brought into disrepute by the admission of the evidence.