The Crown appealed the respondent's acquittal on impaired driving charges.
The trial judge had excluded all evidence, including pre-arrest observations by a civilian and police, under s. 24(2) of the Charter due to ss. 8, 10(a), and 10(b) breaches.
The Superior Court of Justice allowed the appeal, finding that the trial judge erred in concluding the pre-arrest observations were 'obtained in a manner' that violated the Charter, as they were temporally and contextually distinct from the subsequent breaches.
A new trial was ordered.
