The defendant was charged with impaired operation of a motor vehicle and operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The trial proceeded as a blended voir dire.
The defendant brought applications alleging violations of sections 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.
The court found that the defendant was arrested for public intoxication but never formally arrested for impaired driving, despite reasonable grounds existing after the defendant's statements to police.
The investigating officer failed to provide the defendant with rights to counsel when the nature of the investigation changed to a more serious criminal offence.
The breathalyzer technician proceeded on the basis of an arrest for a provincial offence and left the caution section blank on the alcohol influence report.
The court found violations of sections 10(a) and 10(b) of the Charter and excluded the breathalyzer evidence under section 24(2).
