The appellant appealed his summary conviction for operating a motor vehicle while impaired by a drug (Zopiclone).
He argued that his sections 7 and 8 Charter rights were breached and that the trial judge erred in finding he had the requisite mens rea, as he was taking the medication on a doctor's recommendation.
The Superior Court of Justice dismissed the appeal, finding that the trial judge made no errors of law, reasonably concluded the appellant voluntarily ingested a sedative he knew could impair his driving, and properly dismissed the Charter motions.
