The accused was arrested for driving with excess alcohol after failing an approved screening device.
Following arrest, he provided his lawyer's name and two phone numbers to the arresting officer.
The officer attempted to contact the lawyer but was unsuccessful, and subsequently called duty counsel instead.
The accused spoke to duty counsel for approximately four minutes.
The central issue was whether the accused's right to consult with counsel of choice under section 10(b) of the Canadian Charter of Rights and Freedoms was violated.
The court found that the officer's evidence regarding her attempts to contact the accused's lawyer was unreliable and that the accused was effectively denied the right to consult with counsel of choice.
The court excluded the breathalyzer results and acquitted the accused.
