What is the effect of section 30 of the Criminal Code of Canada’s Emergency Vehicle Privileges?

Alberta, Canada


The following excerpt is from Hennessy v. Calgary (City), 2011 ABQB 143 (CanLII):

Mr. Justice Tillman said this about the effect of these sections in Alford v. Canada, 2010 ABQB 192 at para. 30: Nevertheless, these special privileges do not absolve police officers from liability in every circumstance. The allowance and privileges to emergency vehicles are still subject to the consideration of all the “circumstances” which, I define to include: weather, topography, traffic, the nature of the emergency, the number of emergency responders thought to be en-route to the scene, and so on. Officers will be civilly liable if, considering all of the circumstances they are negligent.”

Other Questions


What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
What is the test for mens rea under section 239(1)(a) of the Criminal Code of Canada? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn? (Alberta, Canada)
What is the test for a sexual assault offence under Section 25(SCC) of the Criminal Code of Canada? (Alberta, Canada)
Does a finding of guilty under section 129(a) of the Criminal Code stand by virtue of the earlier finding of guilt under the same section? (Alberta, Canada)
If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (Alberta, Canada)
What is the test for obtaining a search warrant under section 487.08 of the Criminal Code? (Alberta, Canada)
What is the effect of the Court of Appeal’s analysis of the case law in the context of criminal law in England and Wales? (Alberta, Canada)
What are the grounds to support arrest without a warrant pursuant to s. 495(1)(a) of the Criminal Code of Canada? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.