The accused was charged with impaired operation of a motor vehicle and having a blood alcohol level exceeding 80 mg per 100 ml of blood.
The defence brought a Charter application seeking a stay of proceedings based on two alleged breaches: (1) arbitrary detention under section 9 of the Charter for approximately 7.5 hours after breath samples were obtained, and (2) violation of reasonable expectation of privacy under section 8 of the Charter due to video surveillance of the accused using a toilet in a police holding cell.
The court found no arbitrary detention but found a serious breach of section 8 rights.
The court granted a stay of proceedings based on the egregious nature of the privacy violation and the systemic practice within York Regional Police that would continue into the future.
The court imposed a common law peace bond as an alternative remedy.
