The accused was charged with driving while impaired, driving with a blood alcohol concentration over .80, failing to stop for police, and resisting arrest.
The accused sought a stay of proceedings based on allegations of excessive force used by police during arrest, claiming violations of sections 7, 8, and 12 of the Canadian Charter of Rights and Freedoms.
The court found that the accused's section 7 rights were breached through the unnecessary and unreasonable use of force in extracting him from his vehicle, resulting in significant physical and psychological injuries.
The court excluded all breath test evidence as a remedy to disassociate the justice system from the unlawful conduct.
The accused was convicted of impaired driving and sentenced to a conditional discharge with conditions including completion of a driver rehabilitation program and a prohibition on driving with any alcohol in his system.
