The accused was charged with impaired driving and driving with excess blood alcohol following an incident on July 14, 2010.
The Crown's case relied on observations of erratic driving by civilian witnesses, police observations of impairment, and breath test results.
The court found that the police violated the accused's Charter rights under sections 8 and 9 by conducting an illegal search of the accused's garage without informed consent.
The court excluded the breath test results and the accused's admissions as a remedy for these violations.
On the admissible evidence, the Crown failed to prove beyond a reasonable doubt that the accused was the driver of the vehicle, as the only evidence linking him to the vehicle was the illegal search of his garage.
The accused was acquitted on both counts.
