The appellant was investigated for a hit and run accident at his home.
Police informed him of his right to counsel at the outset of the investigation.
Ten minutes later, police made a breathalyzer demand, which the appellant refused.
He was convicted of failing to comply with a breathalyzer demand.
On appeal, the Supreme Court of Canada held that the breathalyzer demand constituted a detention under s. 10 of the Charter.
However, the Court found that the Charter warning given at the beginning of the interview was sufficiently connected to the subsequent detention to satisfy s. 10(b).
The appeal was dismissed.
