The Crown appealed a decision of the Saskatchewan Court of Appeal regarding the admission of breathalyzer evidence where the accused was too impaired to understand his right to counsel.
Assuming without deciding that there was a violation of the accused's s. 10(b) Charter rights, the Supreme Court of Canada held that the admission of the evidence would not bring the administration of justice into disrepute under s. 24(2).
The appeal was allowed and the conviction was restored.
