Alexander John Burns

The defendant was charged with impaired driving and driving with excess blood alcohol (over 80) following a traffic stop at the Peace Bridge border checkpoint.

The defendant sought to exclude breath sample evidence under s. 24(2) of the Charter, alleging violations of ss. 8, 9, and 10(b).

The court found no breach of ss. 8 and 9, as the officer had reasonable suspicion and reasonable grounds based on the odour of alcohol, bloodshot eyes, difficulty opening the trunk, and the defendant's confusion over two simple options.

However, the court found a serious breach of s. 10(b) when the officer delayed facilitating contact with counsel by over an hour, prioritizing the two-hour breath test window over the defendant's Charter rights.

The breath evidence was excluded under s. 24(2).

The defendant was acquitted of the over 80 charge due to lack of evidence.

On the impaired driving charge, the court found insufficient evidence of impairment beyond a reasonable doubt, as the officer's testimony regarding unsteadiness was contradicted by video evidence, leaving only odour, bloodshot eyes, trunk fumbling, and confusion—insufficient to prove impairment beyond reasonable doubt.

The applicant sought to exclude statements made to police, arguing they were involuntary and obtained in breach of Charter rights due to a failure to advise of the right to remain silent and to counsel.

The court found that while the rights were read, the police failed to maintain an adequate contemporaneous record of the accused's utterances regarding the marijuana plants and the offer to show the light switch.

This failure raised a reasonable doubt as to the voluntariness of the statements, leading to their exclusion.