Sergeant Donovan

The accused was charged with operating a motor vehicle while impaired by alcohol and with blood alcohol concentration exceeding 80 mg per 100 mL of blood.

Following a trial, the accused conceded sufficient evidence existed for conviction but argued the charges should be stayed pursuant to section 9 of the Canadian Charter of Rights and Freedoms on the basis that his right to be free from arbitrary detention had been infringed.

The court found no arbitrary detention occurred and convicted the accused on both charges.