The accused was charged with impaired operation of a motor vehicle and operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 ml of blood, arising from a traffic stop on July 13, 2018 in downtown Toronto.
The defence brought a Charter application alleging breaches of sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms.
The court found that the police failed to obtain breath samples "as soon as practicable" as required by section 254(3) of the Criminal Code, resulting in a 35-minute unexplained delay at the police station.
The court also found a breach of the accused's right to counsel without delay.
However, the court exercised its discretion under section 24(2) of the Charter and admitted the breath test evidence, finding that exclusion would not be necessary to maintain public confidence in the administration of justice.
The court rejected the defence argument that the Crown was required to prove all prerequisites under section 320.31(1) of the Criminal Code and found the breath test results admissible and reliable based on common law principles.
The court convicted the accused on both counts.
