The accused was charged with impaired operation of a conveyance and refusing to comply with a breath demand.
The accused brought a Charter application alleging breaches of his ss. 8, 9, 10(a), and 10(b) rights.
The court dismissed the Charter application, finding that the officer had reasonable and probable grounds to arrest the accused and that the police provided reasonable opportunities for the accused to contact counsel of choice, which he failed to diligently pursue.
The court found the accused guilty of refusing to provide a breath sample, as he intentionally placed an invalid condition on his compliance.
However, the court acquitted the accused of impaired driving, finding a reasonable doubt as to whether his ability to drive was impaired by alcohol.