Can a judge review a finding of mixed fact and law in respect of the reasonable and probable grounds for the demand for breath samples?
Manitoba, Canada
The following excerpt is from R. v. Peterson, 2008 MBQB 127 (CanLII):
In making the determinations the trial judge made in respect of the reasonable and probable grounds for the demand for breath samples, the trial judge was making a finding of mixed fact and law. Such questions of mixed fact and law are reviewed only for palpable and overriding error, unless an extricable or severable legal error from the factual determination is evident, in which case deference is not owed and the correctness standard can be used. See Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, 211 D.L.R. (4th) 577.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review of a motion judge's decision not to interfere with the decision of the motion judge? (Manitoba, Canada)
What is the standard of review for a trial judge's findings of fact and any inferences drawn? (Manitoba, Canada)
What factors must be considered when assessing reasonable and probable grounds? (Manitoba, Canada)
What is the standard of review for a trial judge's findings of fact and the inferences drawn by her? (Manitoba, Canada)
Can a defendant review some factual findings made by the trial judge? (Manitoba, Canada)
What is the test for a finding that marihuana would have been discovered and what is the legal test for that finding? (Manitoba, Canada)
Can a defendant who called the victim a liar, gesticulate with his hands and gesticulated with his fingers, but the trial judge did not find that he grabbed the other's coat lapel or clenched his fist? (Manitoba, Canada)
What is the proper standard of review in the context of a motion for judicial review? (Manitoba, Canada)
What is the standard of review on an application for judicial review? (Manitoba, Canada)
How has reasonableness been defined in the context of a judicial review? (Manitoba, Canada)
