Month: March 2025

  • SafeRoads NetLetter March 2025

    ByGurpreet Singh Hours

    McNalley v Alberta (Director of SafeRoads)2025 ABCA 98 – per de Wit, Woolley and Feth Right to Counsel Ends with Screening Defence appeal of Carruthers J.’s dismissal of judicial review. Police arrested Ms. McNalley, who asserted her right to counsel when police offered it. Before she could speak to a lawyer, the police made an ASD demand, which she refused. A NAP was issued on the basis of both impairment and refusal. The police also searched the appellant’s home prior to the arrest. Held: Appeal Dismissed A NAP was issued for refusal to comply with breath demand. The court found that the right to counsel is suspended as soon as a demand for a screening demand is made under s. 320.27(1)(b) of the Criminal Code….

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