The accused was charged with operating a motor vehicle with a blood alcohol content exceeding 80 milligrams per 100 millilitres of blood contrary to section 253(1)(b) of the Criminal Code.
The accused brought a Charter application seeking to exclude breath test results and physical observations of impairment.
The accused alleged violations of sections 7, 8, 9, 10(a), and 10(b) of the Charter.
The court found that while the officer lacked subjective reasonable grounds to believe the accused was impaired at the time of arrest, objectively reasonable grounds existed.
The court also found no breach of sections 7, 10(a), or 10(b).
Under section 24(2) analysis, the court admitted the breath test evidence, finding that while the Charter violation was serious, the impact on the accused's rights was minimal and society's interest in adjudication on the merits strongly favoured admission.