Justice A. Calsavara

The defendant was found asleep in the driver's seat of a running vehicle with missing front tires and damaged rims at 1:53 AM on a roadway.

Police arrested him for impaired care or control and made a breath demand.

The defendant's breath samples registered over 80 mg of alcohol per 100 ml of blood.

The defendant was charged with both Over 80 and Impaired Care or Control and challenged the constitutionality of the arrest and breath demand on multiple Charter grounds.

The court found no Charter violations and convicted the defendant on both counts, finding that the officer had reasonable grounds for the arrest and that the defendant's ability to operate a motor vehicle was impaired by alcohol.

At a preliminary inquiry, the Crown sought committal on two counts: possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, and simple possession of oxycodone contrary to s. 4(1).

The accused was arrested following six weeks of police surveillance and a search warrant executed at a residence.

Police seized cocaine and oxycodone from the residence and dime bags of cocaine from the accused's person.

The court discharged the accused on both counts, finding that while the Crown's theory was plausible, the evidence was fatally deficient in detail necessary to support the essential elements of knowledge and control of the drugs found in the residence.

The court emphasized that the Crown's case relied on circumstantial evidence that lacked sufficient foundational facts, including inadequate evidence of the accused's exclusive or primary connection to the residence and the specific rooms where drugs were secreted.