Mathew Day

The appellant appealed a summary conviction for operating a motor vehicle with blood alcohol exceeding 80 mg, arguing that the trial judge erred in dismissing Charter challenges related to arbitrary detention, failure to promptly inform of the reasons for detention, and admission of breath test evidence.

The appellant contended that the police officer lacked reasonable grounds for the initial traffic stop and that questioning about alcohol consumption occurred without proper notice of a change in the purpose of detention.

The court held that the trial judge’s factual findings were supported by the evidence and entitled to deference, including the finding that the officer had grounds to conduct a Highway Traffic Act stop and that the appellant had been informed of the reason for the stop.

The court also found no legal requirement that the officer explicitly advise that the investigation had shifted to a criminal matter before asking about alcohol consumption.

The trial judge’s analysis under s. 24(2) of the Charter was upheld and the breathalyzer evidence was properly admitted.

The accused brought a Rowbotham application seeking state-funded counsel and a conditional stay of proceedings under ss. 7, 11(d), and 24(1) of the Charter on the basis that he could not afford counsel and required representation to make full answer and defence in a complex criminal prosecution involving 21 counts, including criminal organization and drug trafficking offences.

The court accepted that the charges were serious and involved some complexity but found significant deficiencies in the evidentiary record supporting the claim of financial inability.

Evidence suggested the accused had assets, income, and potential access to seized funds, and had prioritized maintaining property interests over funding his defence.

The court held the accused had not demonstrated he exhausted all reasonable avenues to retain counsel.

The Rowbotham application was therefore dismissed.