The accused was charged with driving while disqualified.
A Charter application was brought alleging violations of section 9 (arbitrary detention) and section 10(b) (right to counsel).
The court found no section 9 breach, as the initial stop was justified by reasonable suspicion based on the officer's observation of evasive driving and information about a prohibited driver.
However, a clear section 10(b) breach was established and conceded by the Crown, as the accused was detained and questioned for approximately 30 minutes without being advised of his rights to counsel.
The court found the evidence obtained prior to the breach was not tainted by the subsequent violation, as the connection was too tenuous.
The accused was convicted of driving while disqualified.
A sentence reduction was imposed as a remedy for the Charter violation.