Justice D. F. McLeod

The accused was charged following a domestic assault incident.

Police responded to a 911 call reporting an assault in progress and entered the accused's residence without a warrant to ensure the safety of occupants.

Upon locating the accused in the basement, officers did not immediately inform him of the reasons for his detention or his rights to counsel.

The accused made incriminating statements during this period.

The court found that while the warrantless entry was justified under exigent circumstances, the failure to promptly inform the accused of his Charter rights under sections 10(a) and 10(b) constituted a breach.

The incriminating statements were excluded under section 24(2) as their admission would bring the administration of justice into disrepute.

The accused was charged with impaired driving and driving with a blood alcohol level over 80 mg following a motor vehicle collision on June 10, 2014.

The Crown sought to introduce breath sample evidence obtained after the accused's arrest.

The defence challenged the admissibility of this evidence on Charter grounds, alleging violations of section 8 (unreasonable search and seizure) and section 10(b) (right to counsel) of the Canadian Charter of Rights and Freedoms.

The court found that the police failed to make the breath demand as soon as practicable, breached the accused's right to counsel by failing to inform him immediately upon arrest, and failed to provide a reasonable opportunity to exercise the right to counsel in private.

The court excluded the evidence and entered an acquittal on all counts.