The applicant sought to exclude all evidence including breath sample results and oral utterances pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms, alleging violations of his right to counsel under sections 10(a) and 10(b) of the Charter, and a violation of his section 8 rights.
The court found a breach of the informational component of the applicant's section 10(b) Charter rights and a marginal breach of the applicant's section 9 right, but found no violation of section 8 rights regarding reasonable and probable grounds for the breath demand.
