The appellant appealed his conviction for driving with a blood alcohol level over 80mg.
The trial judge found the police breached the appellant's s. 8 and s. 9 Charter rights by handcuffing him pre-arrest while waiting for a roadside screening device, but admitted the breath readings under s. 24(2).
The Superior Court of Justice allowed the appeal, finding the trial judge erred in principle by treating Charter-compliant behaviour as mitigating and by finding the officer made a legal mistake without evidence.
Conducting a fresh s. 24(2) analysis, the court found the pre-arrest handcuffing was a serious breach that was unnecessary and degrading.
The evidence was excluded and an acquittal entered.
