The accused was charged with refusing to provide a breath sample.
Following his arrest, the police delayed his right to counsel, questioned him about a knife found during a search incident to arrest, and subjected him to a strip search based on the discovery of the knife and marijuana.
The court found that the accused's rights under ss. 8 and 10(b) of the Charter were violated.
Applying the Grant framework, the court concluded that the admission of the refusal would bring the administration of justice into disrepute.
The evidence was excluded and the charge was dismissed.
