The accused was charged with impaired driving and refusing to comply with a breath demand.
The court found the evidence overwhelming that the accused was impaired and wilfully refused to provide a suitable breath sample.
The Crown conceded a breach of the accused's s. 9 Charter rights due to an unjustified 8-hour detention at the police station after the refusal.
The court rejected the accused's request for a stay of proceedings or exclusion of evidence under s. 24(2), finding no causal or temporal connection between the breach and the evidence obtained.
Instead, the court granted a sentence reduction under s. 24(1), reducing the fines to $200 per charge and imposing the minimum 12-month driving prohibition.
