The defendant was charged with "Over 80" and "Impaired Driving" offences allegedly committed on September 17, 2016.
The defendant applied to exclude breath test results and observations made following his detention by police.
The court found that the Crown failed to prove on a balance of probabilities that the arrest for impaired driving and the demand for breath samples were based on reasonable and probable grounds.
The court rejected the credibility of the police officer's testimony, finding it exaggerated and misleading.
The court determined that the arrest and detention violated sections 8 and 9 of the Canadian Charter of Rights and Freedoms.
The court further found that the defendant was unlawfully handcuffed for approximately one hour and that the detention was unnecessarily prolonged due to police negligence.
Applying the section 24(2) analysis, the court excluded all breath test results and video recordings as evidence.
