R. v. Ikuta

[2000] O.J. No. 2764

Facts

ON CJ

Drunk Driving over 80 case, accused's first language is Japanese, used English in business but had difficulty in some words; police stopped him read his rights did breath demand all in English, spoke to duty council, was never offered an intetpreter.

Reasons

ON CJ

"Persons without working knowledge in English or French are particularly likely to feel vulnerable to an authority system they see as incomprehensible". Therefore, this court would find, based on the video, that although there is a working knowledge; there was not knowledge sufficient in this accused given his answers to the definitions of the relevant words and given the Court's observations of the video, his knowledge was not sufficient to fully understand the provisions surrounding impaired driving and driving over 80.