The defendant was charged with "Young Driver – Blood Alcohol Above Zero" contrary to section 44.1(5) of the Highway Traffic Act.
The defendant brought a Charter motion alleging breaches of sections 7, 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.
The court found that the defendant's right to be advised of her right to retain and instruct counsel was infringed under section 10(b).
Applying the R. v. Grant analysis, the court excluded the breath sample evidence as its admission would bring the administration of justice into disrepute.
With the breath sample evidence excluded and no other admissible evidence of blood alcohol concentration, the court dismissed the charge, finding the prosecution failed to prove an essential element of the offence.
