H. Cooke

The defendant was charged with "Over 80" following a police investigation on April 10, 2016.

Police received dispatch information about a possible impaired driver and attended the registered address.

The investigating officer formed reasonable suspicion based on poor driving and a faint odour of alcohol, and made an approved screening device demand.

The defendant failed the ASD and was arrested.

The defendant brought a Charter application seeking exclusion of breath readings, alleging an unjustified delay of approximately seven minutes after arrest during which rights to counsel were not provided.

The Crown argued the delay was reasonable and explained.

The court found a breach of sections 8, 9, and 10(b) of the Charter on a balance of probabilities but determined that the applicant had not established a remedy pursuant to section 24(2) of the Charter.

The breath readings were admitted as evidence and the defendant was found guilty.

The defendant, a personal support worker, was tried on charges of assault and possession of methamphetamine arising from events on July 8, 2015.

The defendant was caring for an elderly, bedridden complainant when she went into medical distress and was hospitalized for three days.

The Crown alleged the defendant assaulted the complainant while intoxicated on illicit drugs.

The trial involved multiple adjournments and procedural complexities, including a commission evidence hearing and a Khelawan application regarding the complainant's videotaped statement.

The defendant was found guilty of both offences, though the assault conviction was limited to the act of aggressively pulling up the complainant's disposable underwear, rather than the alleged hair-pulling and punching.