The accused was charged with impaired driving and failing to provide a breath sample.
The trial judge granted a stay of proceedings because the Crown failed to disclose a police station security videotape before it was routinely erased.
The Summary Conviction Appeal Court dismissed the Crown's appeal.
On further appeal, the Court of Appeal agreed that the videotape was marginally relevant and its loss breached the accused's Charter rights due to the Crown's unexplained failure to preserve it.
However, the Court held that a stay of proceedings was an inappropriate remedy because the prejudice to the accused was minimal.
The appeal was allowed, the stay set aside, and a new trial ordered where the defence could lead evidence about the lost tape.
