The accused, Maninder Grewal, was charged with impaired operation of a conveyance and having a blood alcohol concentration (BAC) equal to or above 80 mg within two hours of operating a conveyance.
The trial focused on several Charter-based arguments, including the lawfulness of his arrest and breath demand, breaches of his right to counsel (informational component and premature termination of call), arbitrary detention, and unreasonable search and seizure related to being videotaped while urinating.
The court found breaches of the accused's s. 10(b) right to counsel (false dichotomy of options and premature termination) and s. 9 right to not be arbitrarily detained.
The court dismissed the s. 8 and s. 9 arguments related to the ASD/mouth alcohol issue and the privacy issue while urinating.
Applying the Grant framework, the court excluded the breath sample evidence due to the seriousness and impact of the Charter breaches.
