The young person was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration over 80mg.
The police officer delayed making a roadside breath demand for at least 12 minutes after forming a reasonable suspicion, violating the immediacy requirement of s. 254(2) of the Criminal Code and the accused's s. 8 Charter rights.
Applying the Grant framework, the court excluded the breathalyzer evidence under s. 24(2) of the Charter, emphasizing the seriousness of the breach given the enhanced procedural protections and special guarantees afforded to young persons under the Youth Criminal Justice Act.
