The appellant appealed his conviction for impaired driving and 'over 80', arguing that the Crown's cross-examination of its own police witness during a blended trial and voir dire resulted in a miscarriage of justice, and that his s. 10(b) Charter rights were violated when he was not permitted to contact his father to arrange counsel.
The Superior Court of Justice dismissed the conviction appeal, finding that the procedural irregularity did not render the trial unfair and that the trial judge's factual finding that the appellant sought to contact his father for emotional support rather than to retain counsel was entitled to deference.
The appeal against sentence was allowed to the extent of setting aside the victim fine surcharge.
