The defendant was charged with "Over 80" following a police investigation initiated by an expired vehicle validation tag.
The defendant brought a Charter application under ss. 8 and 9 alleging arbitrary detention through unjustified handcuffing prior to arrest while awaiting the delivery of an Approved Screening Device (ASD).
The Crown conceded that if handcuffing prior to arrest was established, the breath sample results should be excluded.
The court found on a balance of probabilities that the defendant was handcuffed while awaiting the ASD delivery, constituting a breach of ss. 8 and 9 of the Charter.
The breath readings were excluded and the defendant was acquitted.
