The accused was charged with operating a motor vehicle with more than 80 mg of alcohol in 100 ml of blood.
The defence brought a Charter application to exclude breath readings, alleging a breach of section 10(b) rights to counsel.
The officer delayed providing rights to counsel for approximately 3-4 minutes after arrest to secure the vehicle, conduct an inventory search, and address a passenger.
The court found a breach of section 10(b) but admitted the breath samples under section 24(2) of the Charter, finding that the breach was cured by the subsequent provision of rights to counsel and access to duty counsel prior to the breath samples being obtained.
