The accused was charged with operating a motor vehicle with a blood alcohol concentration over 80 milligrams per 100 millilitres of blood and operating a motor vehicle while impaired by alcohol.
The Crown proceeded on facts arising from a collision with an Enbridge van.
The accused brought a Charter application alleging violations of sections 7, 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms, seeking exclusion of evidence under section 24(2).
The trial judge found multiple Charter breaches and excluded all evidence obtained from the unlawful stop through to the Intoxilyzer results.
