The accused was charged with operating a motor vehicle with a blood-alcohol concentration exceeding the legal limit contrary to section 320.14(1)(b) of the Criminal Code.
The accused brought a Charter application to exclude breath sample evidence, alleging multiple breaches of his rights including: (1) arrest and approved instrument demand without reasonable grounds; (2) delayed notification of the right to counsel; (3) failure to facilitate access to counsel at the roadside and counsel of choice at the station; and (4) video recording of cell toilet use.
The court found one Charter breach—a nine-minute delay in informing the accused of his right to counsel—but admitted the evidence under section 24(2) of the Charter, finding that exclusion would harm the administration of justice more than admission.
The accused was found guilty.
