Jean Pascal’s constitutional rights were not violated on the night of November 25, 2022, when he was arrested for refusing to provide a breath sample when police suspected him of driving while impaired. drunkenness.
Posted at 12:00 p.m.
This is the decision of Judge Stéphane Brière, rendered Wednesday morning at the Montreal Municipal Court. The magistrate was called upon to decide the question following a request filed by Pascal’s lawyer, Ms.e Sophie Beauvais, during the opening of her client’s trial in October. The pugilist faces one count of refusing to submit to a breathalyzer test.
The defense alleged that Pascal had not been informed early enough of the reasons for the intervention against him and that the police had not respected his right to call upon a lawyer. Consequently, Me Beauvais wanted to exclude the evidence against the boxer.
However, Judge Stéphane Brière considered that Pascal was not the victim of any constitutional error. He first emphasized that “there is no sacramental formula for informing an individual of the reasons for intervention against him.”
The judge then recalled that the evidence showed that the agents of the Service de police de la Ville de Montréal (SPVM) who intervened with Pascal that night noted “certain symptoms” suggesting that he could be in a state of distress. intoxication, before ordering him for the first time to submit to a breathalyzer test.
“The court has no doubt that [Pascal] therefore knew the reasons for the intervention,” said the judge.
Judge Stéphane Brière also pointed out that according to the evidence, Pascal tried to contact a lawyer by telephone and text message, without success. Again, therefore, no violation of constitutional rights was committed, he said.
L’intervention
This story begins at 3:42 a.m. on the night of November 25, 2022, when SPVM agents Jérémie Gagnon and Dylan Gendron observed a vehicle making a right turn at a red light on Rue Sainte-Catherine Ouest.
By intercepting the car not far from Dunn’s restaurant, rue Metcalfe, they found Jean Pascal at the wheel as well as three passengers. The latter has a “faint odor of alcohol” emanating from his breath and demonstrates “impaired speech”, according to the patrol officers. Questioned by the police, Pascal explains that he and his friends are returning from the Le Palma bar. He claims to have had two drinks.
The agents then asked Pascal to provide a breath sample, but according to them, the latter voluntarily refused to blow into the device, while becoming increasingly agitated. While agent Dylan Gendron had called a car for backup a little earlier, six patrol cars and “around ten” police officers finally showed up on the scene.
After several attempts to obtain a sample from Pascal, the police arrested him and gave him two tickets.
A battered version
However, during the trial, the police version of events was mishandled by the defense. Relying in particular on images taken from Dunn’s surveillance cameras and a video made by one of Pascal’s passengers with her cell phone, Me Beauvais repeatedly confronted agents Jérémie Gagnon and Dylan Gendron with the disparities between their testimonies, their report and these images.
This is how we were able, among other things, to see that contrary to what they declared in court, Jean Pascal remained relatively calm during the intervention, particularly when many police officers surrounded him inside the restaurant. .
In addition, a sound that could be heard in the videos presented in evidence suggested that Pascal did indeed blow sufficiently into the breathalyzer in order to obtain a valid reading of his breath. This was also recognized by agent Dylan Gendron during his cross-examination.
The parties will therefore meet again on January 24 for the remainder of the trial. Me Beauvais announced Wednesday that his client would present a defense. Everything indicates that Pascal will therefore be called to testify.
The pursuit is represented by Me Aline Ramy.
