Matthew Collins

The appellant appealed a conviction for operating a motor vehicle with blood alcohol exceeding 80 mg contrary to the Criminal Code.

He argued that the breath samples were not taken "as soon as practicable" under s. 258(1)(c)(ii) due to a 90‑minute delay between the roadside stop and the first Intoxilyzer test, and that his s. 10(b) Charter right to counsel was breached by a delay before speaking with Legal Aid.

The court held that the trial judge’s findings of fact regarding police resource allocation and transport to a detachment with a breath technician were reasonable and entitled to deference.

The evidence supported the conclusion that the breath tests were taken as soon as practicable and that the right to counsel was not violated.

Even if a breach had occurred, the breath results would not have been excluded under s. 24(2).

Sentencing decision following guilty pleas to three counts of invitation to sexual touching and two counts of sexual interference involving four girls under 16.

The court emphasized denunciation, deterrence, proportionality, and the totality principle, while also giving weight to the offender’s youth, traumatic background, guilty plea, and rehabilitative prospects.

A global sentence in the range of 36 months was found fit, with 18 months of enhanced credit for pre-sentence custody applied.

Most counts were made concurrent, one count was consecutive, and ancillary orders including probation, DNA, SOIRA, firearms prohibition, and custodial no-contact terms were imposed, while a s. 161 order was declined.