The defendant was charged with impaired driving and "Over 80" following a traffic stop.
The defendant brought a Charter application seeking exclusion of breath samples obtained in violation of sections 8, 9, and 10(b) of the Charter.
The investigating officer failed to communicate an approved screening device demand "forthwith" upon formation of reasonable suspicion, delaying approximately two minutes.
Additionally, the officer failed to provide rights to counsel while awaiting delivery of the ASD, despite believing the delay could be 15-20 minutes.
The court found both breaches established on a balance of probabilities.
Under section 24(2) of the Charter, the court excluded the evidence, emphasizing that the breaches resulted from deficient training of the investigating officer that was not corrected by the training officer present at the scene.
The defendant was acquitted.