The accused was charged with Impaired and Over 80 Care or Control and Dangerous Driving following a motor vehicle collision on October 10, 2014.
The accused brought a Charter application seeking to exclude evidence based on violations of sections 8, 10(a), 10(b), and 11(d) of the Canadian Charter of Rights and Freedoms.
The application challenged the lawfulness of the arrest, the grounds for the breath demand, the timing of breath samples, the right to counsel, and the identification procedure.
The court rejected all Charter arguments and found no violations.
