Jasper RCMP officer accommodates law-breaker

In an interesting and unusual, turn of events during the Jasper Provincial Court on June 11, John Martin Canassin was found guilty of failing to provide a breath sample to police after his lawyer unsuccessfully argued that his client’s Charter Rights were breached by Cpl. Michelle Dolhan during a road-side stop.

Mike Clancy, Canassin’s attorney, argued that after pulling Canassin over for speeding and requesting a breath sample, Cpl. Dolhan breached Canassin’s charter rights by suggesting he was welcome to call a lawyer if he wished but, as there was no cell reception in the area, she could not assist him with his request.

The Charter states, under section 10:Arrest or detention, that “Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefore; (b) to retain and instruct counsel without delay and to be informed of that right.”

Clancy argued because Dolhan said his client could contact his lawyer, that she had a duty to provide the “mechanism” to implement his right to counsel.

“Once she chooses to advise the accused as she did... she must implement that duty,” he said adding that Cpl. Dolhan should have gone “a little farther than she did.”

In rebuttal to Clancy’s argument, Crown attorney Bob Marr said Dolhan had been more than accommodating and that even though she didn’t have to provide him access to counsel, she said “but be my guest.”

Judge Don Norheim agreed with Marr, stating that because it was a roadside stop, there was no right to counsel prior to the breath sample being taken. 

“The defendant didn’t have a right to talk to counsel and nothing the officer did created a right where none existed,” he said, noting that the officer had been more than accommodating to the accused. 

Cpl. Dolhan told the court she pulled Canasssin over after she saw him heading eastbound on Highway 16, west of Jasper, driving about 127 km/h in a 90 km/h zone.

After Dolhan turned her lights on, Canassin carried on for about half-a-kilometre west before stopping. He testified that he was looking for a safe place to pull over on the busy highway rather than stopping straight away. 

The officer approached the vehicle and asked for Canassin’s licence and registration, during which time she noticed the smell of alcohol on his breath. She also told the court there were open beer cans on the vehicle’s floor.

During his testimony, Canassin admitted to stopping at Pocahontas Cabins after leaving Hinton. Cannasin said he was heading to Kelowna for a family emergency when he stopped at Pocahontas to use the bathroom, but left with a six-pack of Coors Light.

The accused admitted to drinking one beer and to being part way through his second when he saw the police officer, which is when he hid the beer in the brown paper bag behind the seat, the court heard.

Once he was pulled over, Canassin told Dolhan he hadn’t consumed any alcohol nor did he have open alcohol in the vehicle - it was after this conversation the officer asked him to provide a breath sample and Canassin asked to speak to a lawyer.

Despite his requests for counsel, Cpl. Dolhan proceeded to ask Canasssin to blow into the analyzer and provide a breath sample. According to Cpl. Dolhan, Canassin was very uncooperative and refused to give a sample. Cannassin was then charged with refusing to give a sample. 

When sentencing Canassin, who claimed to be a long-time sufferer of depression, Judge Norheim said “quite frankly... your world does not mean an awful lot to you... you made things bad for yourself when you didn’t have to.”

“You’ve got to be responsible for yourself,” he said noting that Canassin had behaved poorly when being asked for a breath sample.

Giving Canassin a $1,500 fine, he suggested the unemployed man could work his fine off over a period of time. “It seems to me that it’s not high stress, or pressure, stuff that they have on fine option.”

“Work this off. Get a grip on yourself and deal with it,” Norheim said as he finished sentencing Canassin. 

The Crown withdrew the charges of alleged speeding and transportation of open liquor as Marr said he thought Canassin was under enough pressure to pay his dues for refusing to give a sample.