The defendant was charged with operating a motor vehicle while impaired by alcohol and operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The defendant challenged the admissibility of breath samples and statements on the grounds that his Charter rights to counsel were violated.
The court conducted a blended voir dire to determine whether the defendant's section 10(b) rights were breached and whether the Crown proved both charges beyond a reasonable doubt.
The defendant's counsel of choice was unavailable as he had been appointed to the bench.
The police provided alternative counsel options, and the defendant consulted with another lawyer of his choosing.
The court found no Charter breach and convicted the defendant on both counts.
