The Crown appealed a trial judge's decision finding that the accused's Charter rights were violated due to an unlawful traffic stop and detention.
The Superior Court of Justice allowed the appeal, finding that the trial judge made palpable and overriding errors.
The evidence showed the police merely followed the accused to his destination without stopping him, and the accused was not detained until the police smelled alcohol and formed grounds for a roadside screening demand.
The matter was remitted for a new trial.
