The accused was charged with operating a motor vehicle with a blood alcohol concentration over 80 mg/100 mL.
The central issue was whether the arresting officer had reasonable and probable grounds to demand a breath sample based on an approved screening device (ASD) test result, given that the officer was unaware of the effects of residual mouth alcohol on ASD accuracy and failed to inquire when the accused last consumed alcohol despite knowing he had just left a licensed establishment.
The court found a Charter breach under section 8 and excluded the breath test results, resulting in dismissal of the charge.
