The defendant was charged with "Over 80" after a traffic stop and breath tests.
The defence brought a Charter application arguing a breach of the defendant's right to counsel under section 10(b) due to a language barrier.
The court found that the defendant's comprehension of English was too deficient to understand his rights, and the officers failed to assess "special circumstances" or provide an interpreter.
Applying the Grant criteria, the court deemed the breach serious, excluded the breathalyzer readings, and found the defendant not guilty.
