The appellant sought leave to appeal a decision of the Summary Conviction Appeal Court that set aside his acquittal on a charge of driving while over 80 milligrams of alcohol per 100 millilitres of blood.
The trial judge had found a breach of section 9 of the Canadian Charter of Rights and Freedoms and excluded evidence obtained by police.
The appellate court refused leave to appeal, finding that the real issue involved the application of settled Charter jurisprudence to the specific facts and did not have significance to the administration of justice beyond the case itself.
