The self-represented accused, charged with impaired driving and refusing to provide a breath sample, brought a Charter motion seeking a stay of proceedings.
He argued his section 7 rights were violated because the police failed to record the entirety of his booking hall procedure, which he claimed would have shown him to be sober and coordinated.
The court dismissed the motion, finding that the failure to record was an accidental oversight by the officers, not unacceptable negligence.
The court held that the police cannot disclose evidence that was never created, and the accused suffered no significant prejudice to his right to make full answer and defence given the extensive video evidence otherwise available.
