The defendant was charged with driving dangerously, failing to remain and provide particulars following a motor vehicle collision, impaired operation of a motor vehicle, and driving with an excess blood alcohol concentration.
The defendant brought Charter applications seeking to exclude evidence for violations of sections 7, 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms.
The Crown conceded that two constitutional violations occurred: arbitrary detention and failure to immediately inform of the right to counsel.
The court found a section 8 Charter violation regarding an unlawful search of the defendant's garage but rejected the section 9 and 10(b) violation claims.
Under section 24(2) analysis, the court excluded only the defendant's brief confession made outside the garage, while admitting all other evidence.