The accused was charged with operating a motor vehicle while impaired by alcohol and operating a motor vehicle with a blood alcohol concentration exceeding the legal limit.
The Crown presented evidence of erratic driving, observations of impairment by civilian witnesses and police officers, and breath sample results of 260 and 250 mg/100mL of blood.
The accused challenged the detention and sought exclusion of evidence based on Charter violations.
The court found the Crown proved impaired operation beyond a reasonable doubt, rejected Charter violations regarding counsel access, but found an arbitrary detention between the hospital visit and police station release.
However, the court declined to stay proceedings or exclude evidence as the remedy was not warranted.
The accused was convicted on the first count with a stay of proceedings on the second count pursuant to the Kienapple principle.
