The accused was charged with impaired operation and excess blood alcohol following a single-vehicle collision.
The accused brought a Charter application arguing that the police breached his rights under sections 8 and 9 by failing to make an approved screening device demand immediately upon forming reasonable suspicion.
The Court found that a 5-minute delay in making the demand violated the immediacy requirement and breached the accused's Charter rights.
However, applying the Grant framework, the Court concluded that admitting the breath samples would not bring the administration of justice into disrepute, as the breach was not wilful and the evidence was highly reliable.
The application to exclude the evidence was dismissed.
