The accused, Joseph Thibodeau, was charged with refusing to provide a breath sample.
He brought a Charter application alleging breaches of sections 8, 9, and 10(b).
The court found that police officers trespassed on the accused's private property, exceeding their implied license, thereby violating his section 8 and 9 Charter rights.
The court also found a section 10(b) violation due to delayed notification of rights to counsel and failure to facilitate access to counsel of choice.
Although the officers had reasonable suspicion for the ASD demand, the grounds were obtained through an unlawful search.
Consequently, the ASD demand was invalid, entitling the accused to refuse.
The court concluded that the evidence obtained in violation of the Charter should be excluded under section 24(2), leading to an acquittal.
