The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration over 80.
The police officer stopped the accused's vehicle based on a 'hunch' that the occupants were involved in recent car break-ins.
The Crown conceded that the stop was an arbitrary detention in violation of s. 9 of the Charter.
Applying the Grant framework, the court found the Charter breach was serious and had a significant impact on the accused's rights.
The court excluded the breathalyzer readings and evidence of impairment under s. 24(2) of the Charter, resulting in an acquittal on both charges.
