The accused was arrested for impaired driving after fleeing the scene of a serious motor vehicle collision.
The police failed to make a breath demand at the roadside and subsequently failed to advise the accused of his increased jeopardy when they learned the victim had suffered life-altering injuries.
The breath technician made a delayed breath demand at the station without providing the accused a further opportunity to consult counsel.
The court found multiple breaches of the accused's rights under ss. 8 and 10(b) of the Charter.
Applying the Grant framework, the court concluded that the cumulative impact of the breaches on the accused's protected interests warranted the exclusion of the breath test results under s. 24(2).
