The respondent was charged with impaired driving causing death and bodily harm.
At trial, breathalyzer evidence was excluded due to a Charter violation.
The Crown elected to call no further evidence, resulting in a directed verdict of acquittal.
The Court of Appeal found the evidence was wrongly excluded but dismissed the appeal, holding the Crown's refusal to call further evidence was an abuse of process.
The Supreme Court of Canada allowed the appeal and ordered a new trial, holding that courts of appeal have no residual discretion under s. 686(4) of the Criminal Code to refuse a new trial absent an abuse of process, and that the Crown's conduct here did not constitute an abuse of process.
