The appellant appealed his convictions for impaired care or control and driving with excess alcohol.
He argued the trial judge erred in dismissing his s. 11(b) Charter application for unreasonable delay, in exhibiting a reasonable apprehension of bias by preparing reasons before hearing submissions, in failing to exclude breath readings due to a s. 2(a) Charter breach involving the removal of his turban, and in rejecting his evidence of bolus drinking.
The Superior Court of Justice allowed the appeal, finding the trial judge erred in his s. 11(b) analysis, his s. 2(a) analysis, and his credibility findings regarding the appellant's bolus drinking defence.
A new trial was ordered on both counts.
