The accused was found in the driver's seat of a heavily damaged vehicle outside a school.
Police questioned him in an ambulance without advising him of his detention or rights, and failed to address clear language barriers when providing access to counsel.
The court found significant breaches of ss. 10(a) and 10(b) of the Charter and excluded the breath test results and statements under s. 24(2).
However, based on the totality of the remaining evidence, including the unexplained collision, odour of alcohol, empty beer can, and the accused's confusion and physical state, the court found the accused guilty of impaired operation of a conveyance.
