The trial judge ruled the police attended the house to communicate with the occupants. not to obtain incriminating evidence against the occupant. Accordingly, Fowler's Charter rights were not breached and the certificate of analysis was admitted. He was convicted of the over 80mg% charge and impaired driving charge was stayed.
Fowler appealed to the New Brunswick Supreme Court, which overturned his conviction. The appeal court judge found that one of the police purposes for knocking at the door was to obtain evidence Fowler was impaired. They therefore exceeded their authority under implied invitation to knock and violated his Charter rights in the process. The breathalyzer results should have been excluded under S.24(2) and a new trial was ordered.
The Crown appealed to the New Brunswick Court of Appeal.
Do you think the Appeal Court upheld the conviction or sided with the New Brunswick Supreme Court?
Last edited by jolinar of malkshor; 12-18-2006 at 02:23 PM.
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