The accused was charged with operating a motor vehicle with over 80 mg of alcohol in 100 ml of blood following a roadside stop at an LCBO plaza.
The defence sought exclusion of breathalyzer results on grounds that the accused, whose first language was Punjabi, was not provided with rights to counsel and breath demand in his language until arrival at the police station, and that he was not given the opportunity to contact counsel of choice.
The court found no breach of Charter rights.
Although there were language difficulties at the roadside, the officer appropriately sought assistance from a Punjabi-speaking officer.
The breath demand was provided as soon as practicable given the language barrier.
The accused was informed of his right to counsel of choice but did not indicate he wished to contact private counsel.
The breathalyzer results were admitted and the accused was found guilty.
