The accused was charged with impaired driving, driving with excess alcohol, and dangerous driving.
The court found that the arresting officer lacked objective reasonable and probable grounds to make a breath demand, resulting in a breach of the accused's s. 8 Charter rights.
Applying the Grant framework, the court excluded the breath test results under s. 24(2).
Without the breath tests and lacking sufficient evidence of impairment or a marked departure from the standard of care, the court acquitted the accused of all charges.
