The Crown appealed a summary conviction acquittal in an impaired driving case.
The accused was charged with operating a motor vehicle while impaired by drugs following a serious motor vehicle collision.
The trial judge excluded evidence of the accused's urine sample analysis and observations by police officers, finding insufficient reasonable and probable grounds for the arrest and demand for a drug recognition expert evaluation.
The appellate court allowed the Crown's appeal and ordered a new trial, finding that the arresting officer possessed reasonable and probable grounds based on the totality of circumstances, including the serious nature of the collision, observations of impairment, a 911 call about an impaired driver, and the negative breath sample result.
The court also found the trial judge breached natural justice by acquitting the accused without hearing submissions from the Crown on the remaining admissible evidence.
