The accused was tried on a single count of operating a motor vehicle with blood/alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The Crown called two witnesses: a security guard and the arresting officer who was also a qualified breath technician.
The defence raised Charter applications alleging breaches of sections 9 and 10(b), seeking remedies under section 24(2).
The court found that the accused was psychologically detained at her residential door without being advised of her rights to counsel, and that she was arbitrarily detained in a locked cell for 89 minutes after being determined releasable.
The court excluded the breath evidence due to the serious Charter breaches and the accused was acquitted.
