The accused was charged with impaired operation of a motor vehicle contrary to s. 253(1)(a) of the Criminal Code following a collision in a parking lot.
The Crown proceeded only on the impaired charge.
Evidence established that the accused collided with a parked vehicle, exhibited inappropriate behaviour at the scene, failed an approved screening device, and displayed signs of intoxication during police custody.
The defence challenged the admissibility of certain statements under the Charter and argued that post-arrest behaviour should not be considered due to the time elapsed.
The court found the accused guilty, holding that the totality of evidence, including observations at the scene, the collision itself, the accused's bizarre behaviour in police custody, and video evidence from the police station, established impairment beyond a reasonable doubt.
