The defendant was charged with care and control of an automobile with excess alcohol and impaired care and control following his discovery asleep in his vehicle in his driveway.
The defendant challenged the arrest on Charter grounds, arguing inadequate section 10 rights due to language barriers and lack of reasonable and probable grounds.
The court found reasonable and probable grounds existed based on the totality of circumstances including erratic driving reports, the defendant's condition, and odour of alcohol.
While a Charter breach was found regarding the failure to provide rights to counsel in Tamil, the evidence was not excluded as the defendant received legal advice and the breach was minor.
The defendant was found in care and control of the vehicle and guilty of impaired driving.
