The appellant appealed his 'Over 80' conviction, arguing his s. 10(b) Charter rights were breached when police failed to contact his wife (a non-criminal lawyer) and he spoke to duty counsel instead.
The Crown cross-appealed the trial judge's failure to render a verdict on the impaired driving charge and the failure to impose the mandatory minimum driving prohibition due to a s. 9 Charter breach.
The Superior Court dismissed the conviction appeal, finding no s. 10(b) breach as the appellant willingly spoke to duty counsel.
The Court allowed the Crown's cross-appeals, remitting the impaired driving charge for a verdict and imposing the mandatory 12-month driving prohibition, holding that s. 24(1) of the Charter cannot be used to reduce a sentence below a statutory minimum absent a constitutional challenge to the provision itself.
