The accused was charged with impaired operation and operating a conveyance with a blood alcohol concentration over 80mg.
The accused brought a Charter application seeking a stay of proceedings, alleging breaches of sections 8, 9, 10(b), and 14 arising from the police decision to hold him for a bail hearing, the failure to re-advise him of his right to counsel, a subsequent strip search at the correctional centre, and the lack of an interpreter at his initial bail hearing.
The court dismissed the Charter application, finding that the police had reasonable grounds to hold the accused for bail due to concerns about his identity and residency, and that no other Charter breaches occurred.
The accused was found guilty of both driving offences, with a conditional stay entered on one count.
