The appellant appealed a conviction for impaired driving arising from a single-vehicle crash.
At trial, breath samples and incriminating statements were excluded due to Charter breaches, including violations of ss. 8 and 10(b), but police observations of intoxication and erratic driving were admitted.
The appellant argued that all evidence obtained during detention should have been excluded and that the trial judge misapprehended the identification evidence and rendered an unreasonable verdict.
The appeal court held that there is no automatic exclusion of all evidence following an unlawful arrest and that the remaining evidence, including civilian and police observations, supported the conviction.
The court found no misapprehension of evidence and upheld the guilty verdict.
