Winnipeg police officer acquitted of impaired driving after blood sample not properly dated

A Winnipeg police officer represented by a currently sitting member of Manitoba's legislature was acquitted of impaired driving Tuesday, after the time and date of a blood sample taken at hospital weren't recorded.

Robin Kipling was charged with impaired driving after he lost control and crashed his motorcycle on a road in the outskirts of Winnipeg while off-duty on Sept. 29, 2021. He had pleaded not guilty.

During closing arguments at his trial in September, where he was represented by MLA Mark Wasyliw, court heard Kipling failed a roadside breath test done at the scene by an RCMP officer and was taken to hospital by ambulance.

A blood sample was taken following the crash that showed Kipling's blood alcohol level was above the legal limit, but there was no record to show what time the blood sample was taken and no record of who took it, court heard.

It was picked up by an RCMP officer on Oct. 4, 2021, five days after the crash.

Wasyliw argued in September the Crown's case had "gaping holes" around the blood sample.

"They're asking the court to fill in evidentiary gaps," Wasyliw said in court on Sept. 17.

Provincial court Judge Keith Eyrikson agreed, saying in his decision there were "too many potential scenarios" that could have occurred between when Kipling arrived at the hospital and when the sample was picked up by RCMP.

For example, Kipling could have returned to the hospital during those five days for a followup and had the blood sample taken then, Eyrikson said.

"A host of things could have occurred," he said Tuesday while rendering his decision. 

"This lack of specificity as to when the blood sample was taken … leaves this court with a reasonable doubt."

Wasyliw, the MLA for Fort Garry, was a sitting member of the NDP caucus when he took on the case in June 2024.

He was removed from the governing party's caucus on Sept. 16, with the NDP initially saying it was because a colleague in Wasyliw's law practice was defending convicted sexual predator Peter Nygard in court.

Wasyliw was in court defending Kipling the following day.

He said Wednesday that following the acquittal, his client is looking forward to focusing on his job as a police officer.

"Any time this happens to somebody, it's quite traumatic. And it was a long process. And so he's relieved that it's over," said Wasyliw.

He said the issues with the case against Kipling were apparent from the beginning, and argued the case demonstrates why there's currently a backlog in Manitoba courts.

"It's because of cases like this that probably never should have got to a court and in front of a judge," he said.