The accused was charged with being in care or control of a motor vehicle while impaired by a drug.
He was found asleep in the driver's seat of a running vehicle on the Gardiner Expressway.
The defence conceded impairment but challenged the charge on Charter grounds, alleging violations of sections 10(b) and 8.
The court found that while the accused's section 10(b) rights were violated (delayed access to counsel), the violation was justified given his serious medical condition.
The court also found a section 8 breach regarding unlawful seizure of medical information by one officer, but declined to stay proceedings.
On the merits, the court rejected the accused's evidence regarding his reasons for being on the expressway and found him guilty of the offence.
