The Crown charged the defendant with operating a motor vehicle while his ability to do so was impaired by drugs on March 31, 2015.
The defendant had consumed multiple prescription medications including OxyNEO, Oxycodone, Clonazepam, and Gabapentin.
An off-duty officer observed erratic driving and called for assistance.
At the roadside, officers observed symptoms consistent with drug impairment.
A Drug Recognition Evaluator conducted Standard Field Sobriety Tests and a Drug Recognition Evaluation at the police station.
A urinalysis detected narcotic analgesics and benzodiazepines.
The defendant argued Charter breaches regarding the timing of the demand for field sobriety tests and the delay in providing rights to counsel.
The court found a technical breach of section 10(b) Charter rights but excluded no evidence under section 24(2).
The court convicted the defendant, finding that his ability to operate a motor vehicle was impaired by prescription drugs and that he possessed the requisite mens rea.
