The defendant, Dwight Dube, was charged with impaired driving and over 80.
The defence brought a Charter application alleging violations of sections 7, 8, 9, and 10(b) due to excessive force during arrest and improper implementation of the right to counsel.
The court found that police used excessive force, violating section 7 of the Charter, but found no violation of sections 8, 9, or 10(b).
Applying the Grant test, the court excluded the breath sample evidence and police observations of potential impairment, leading to an acquittal on both charges.
