A man from Tramping Lake stood trial in Kindersley provincial court this week, arguing the RCMP violated his Charter rights during his arrest.
Curtis Skinner, 43, represented himself at the Aug. 26 trial after making a plea of not guilty to dangerous operation of a motor vehicle, impaired operation, and refusal to comply with a breath demand.
The charges stem from an incident on Aug. 30, 2024, in Kerrobert.
Skinner testified he had travelled to the community with his dog and planned to stay overnight at the Motel 6. After dinner, he entered the motel’s lounge and began speaking with a man playing a video lottery terminal. He admitted to pressing the machine’s buttons before another man confronted him.
Skinner told the court he was punched in the face and knocked to the ground, then attacked by a second man. He said he ran to his truck to escape, but drove into a retaining wall separating the motel and a residence. His truck became stuck, and he left the vehicle with his dog.
The alleged assault was never reported to police by Skinner, and Motel 6 did not provide video surveillance of the incident or of the truck.
RCMP said they received two separate 911 calls that evening, one from a motel employee who reported a man who had been drinking drove away in a truck, and another from a resident who said a truck had become lodged on a retaining wall.
Constables Sohm and St. Mitchel of the Kindersley detachment testified they arrived to find a white truck balanced on the wall above a private yard. Sohm told the court he noticed a strong odour of alcohol on Skinner and saw an open beer can in the vehicle’s console. Concerned that the truck could shift, he said he released the dog from inside to reduce the weight.
The officers testified they confirmed Skinner matched the description provided by 911 callers, then arrested him for impaired driving. St. Mitchel said she read Skinner his rights and made a demand for a breath sample.
Skinner cited sections 7, 8, 9, and 10(b) of the Charter, claiming police failed to provide him proper access to counsel. He told the court his initial attempt to contact legal aid by cell phone was cut short. Officers testified, however, that after the first attempt, they connected him through a landline in a private room, where he spoke with a lawyer before ending the call himself.
The court heard video surveillance from the RCMP detachment showed Skinner pacing, raising his voice, swearing at an officer and becoming increasingly agitated during the observation period prior to the breath test. Const. Sohm testified he repeatedly checked on his partner, Const. St. Mitchel, out of concern for her safety.
Under cross-examination, Skinner admitted he verbally agreed to provide a breath sample, but the video later shows him refusing when brought to the machine. Officers can be heard warning him of the consequences.
“On the video, it clearly states that I wanted to blow,” Skinner testified. “I might have refused, I don’t know, I had a head injury.”
Asked why he did not follow through, he said, “it never came about.”
He told the court he suffered a concussion during an altercation outside a motel earlier that evening, which explained his memory gaps. He acknowledged he never sought medical attention, though he said he experienced headaches and a swollen lip in the weeks that followed.
Crown Prosecutor Tom O’Hara challenged that account. “I’m going to suggest, Mr. Skinner, that your memory is very convenient given that this concussion is something you’ve concocted and that you’re using that as an excuse,” he said.
O’Hara also pressed Skinner on whether mood swings and poor balance could be symptoms of alcohol impairment. Skinner eventually conceded, “I agree, but it could be various things.”
At several points, Judge Bauer stopped proceedings to remind Skinner to answer questions directly. “Sir, you are not answering his questions, you’ve had your chance to say what you want to say,” the judge said during one exchange.
Skinner denied drinking on the night of the incident, saying the open beer can in his truck was left over from a recycling trip. “I’m not even sure what I did wrong,” he told the court.
After hearing testimony from three Crown witnesses and Skinner himself, Judge Bauer reserved his decision until Oct. 7.