The accused was charged with care or control of a motor vehicle while impaired by a drug.
The trial involved a Charter application regarding the legality of the detention and the failure to provide rights to counsel without delay upon arrest.
The court found a violation of section 10(b) of the Charter due to an eight-minute delay in providing rights to counsel.
Certain evidence was excluded as a result.
On the merits, despite evidence of drug use and observations consistent with impairment, the court found that the Crown had not proven impairment beyond a reasonable doubt, particularly given the exclusion of certain roadside observations obtained through conscriptive means and the ambiguity of the remaining evidence.
