The accused was charged with impaired driving, dangerous driving, and refusing to provide a breath sample following a serious driving incident on July 18, 2012.
The accused brought a Charter application seeking exclusion of evidence based on alleged violations of sections 7, 9, and 10(b) of the Canadian Charter of Rights and Freedoms.
The court found breaches of the Charter regarding the timing of the breath demand and the provision of rights to counsel, but declined to exclude any evidence.
The court found that the accused's extreme intoxication rendered any Charter breaches of negligible effect on his actual interests, and that the police acted in good faith throughout.
