Cst. Susan Blacklock

The accused was charged with impaired driving causing death, two counts of impaired driving causing bodily harm, and driving with a blood alcohol concentration over 80mg following a head-on collision.

The accused brought Charter applications alleging breaches of his rights under ss. 7, 8, and 10(b), seeking exclusion of breath and blood samples and statements.

The court dismissed the s. 10(b) and s. 8 applications, finding the police exercised reasonable diligence in facilitating access to counsel and that blood samples were taken for medical purposes.

The court found statements to first responders voluntary, but excluded a statement to police under s. 7 due to statutory compulsion under the Highway Traffic Act.

On the substantive charges, the court rejected the accused's evidence of 'bolus drinking' and a 'third car' causing the collision, finding him guilty on all counts.