The appellant, Nilesh Patel, appealed his conviction for refusing to provide a breath sample, alleging violations of his Charter rights under sections 7, 9, and 10(b), and seeking a stay of proceedings.
The trial judge found a 10(b) violation but not 7 or 9, and declined a stay.
On appeal, the court found a Section 9 violation due to unlawful detention for 38 minutes after the appearance notice was issued.
However, the court upheld the trial judge's finding that there was no Section 7 violation, as the injuries sustained were not a "substantial interference" with physical or psychological integrity, and there was no intentional infliction of suffering by police.
The court concluded that a stay of proceedings was not justified, as the police conduct was not egregious enough to meet the high threshold for such a remedy, and the trial judge had already ameliorated the sentence to account for the unlawful detention and discomfort.
The appeal was dismissed.
