The accused was charged with failing to provide a breath sample into an approved screening device contrary to section 320.15 of the Criminal Code.
The Crown relied on video evidence and police testimony to establish that the accused was lawfully arrested for unauthorized license plates, detected an odour of alcohol, and refused to provide a breath sample.
The defence raised three Charter breaches: an unreasonable search when officers opened the vehicle door; an arbitrary detention when officers arrested the accused without reasonable grounds for the provincial offence; and a breach of the right to counsel when the accused was held for nearly two hours at the roadside without access to legal counsel.
The court found all three Charter breaches established and dismissed the charge.
