The accused was charged with "over 80" (impaired driving with a blood alcohol level exceeding the legal limit).
The trial focused on whether police breached the accused's Charter rights during the breath testing procedure.
The court found that a police officer assaulted the accused while he was in custody and handcuffed to a bench, attempting to force him to speak to his girlfriend.
The court determined this constituted a serious breach of the accused's section 7 Charter rights (security of the person).
The court further found that the police failed to properly investigate or report the allegation of assault.
Consequently, the court excluded the breath test evidence under section 24(2) of the Charter, finding that admitting the evidence would bring the administration of justice into disrepute.
The accused was acquitted.
