The accused was charged with operating a motor vehicle with an excess blood alcohol concentration.
The Crown conceded a Charter breach occurred when the constable delayed approximately twenty minutes in reading the approved instrument demand to the accused.
The court applied the s. 24(2) Charter analysis from R. v. Grant and admitted the breath sample evidence, finding that the seriousness of the breach was minimal (simple human error), the impact on the accused's Charter-protected interests was slight to moderate, and society's interest in adjudication on the merits strongly favoured admission.
The accused was found guilty.
