The accused was charged with operating a motor vehicle with a blood alcohol concentration over 80mg/100ml.
The court found that the investigating officer breached the accused's ss. 8, 9, and 10(b) Charter rights by delaying the approved screening device (ASD) demand and failing to provide rights to counsel while waiting ten minutes for the ASD to arrive.
Applying the Grant framework, the court excluded the breath samples under s. 24(2) of the Charter, noting the seriousness of the state conduct and inadequate police training regarding Charter rights at the roadside.
The charge was dismissed.
