Jeffrey Alan Costain

The accused was charged with aggravated assault after punching the complainant in the face during a late-night street altercation, causing the complainant to fall and suffer a head injury.

The accused testified that the complainant and his group were aggressive, took off their shirts, and that the complainant flinched first.

The court applied the W.(D.) framework and found the accused's evidence credible.

The court concluded that both parties consented to a physical fight and that the accused did not intend to cause serious bodily harm.

As the fight was consensual, the application of force was not unlawful, and the accused was acquitted.

The defendant was charged with care and control of an automobile while having excess alcohol in his blood contrary to section 253(1)(b) of the Criminal Code.

The central issue was whether the officer complied with the requirement that an approved screening device (ASD) test be administered "forthwith." The defendant was detained for approximately 19 to 21 minutes after the officer formed reasonable suspicion before being given an opportunity to comply with the ASD demand.

During this period, the defendant was not informed of the reasons for detention or provided with his Charter rights to counsel.

The court found multiple Charter breaches and excluded the breath test results, leading to dismissal of the charge.