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The accused was convicted of refusing a breath sample after the court admitted the evidence despite a technical Charter breach.
The accused was charged with failing or refusing to provide a breath sample into an approved screening device in compliance with a demand made by a police officer under subsection 254(2) of the Criminal Code.
The Crown proved all essential elements of the offence beyond a reasonable doubt.
The court found that the demand for breath testing was valid, the testing was conducted forthwith despite a 30-minute delay caused by the unavailability of an approved screening device, and that a technical breach of Charter section 10(b) rights regarding the failure to communicate the free legal aid telephone number was admissible under subsection 24(2) of the Canadian Charter of Rights and Freedoms.
The accused was found guilty.
