In an impaired driving trial arising from a late-night traffic stop, the accused alleged breaches of ss. 8, 9, and 10(b) of the Charter and sought exclusion of breath readings.
The court held the arrest and breath demand were supported by objectively reasonable grounds, and rejected the claim that police failed to diligently assist access to counsel of choice through the accused's cell phone.
However, the court found a s. 10(b) breach when police were told duty counsel had hung up and failed to offer reconnection or confirm satisfaction with the legal advice received.
Applying the Grant framework, the court excluded the breath results under s. 24(2), dismissed the 80 plus and dangerous operation charges, and convicted on impaired operation based on the officer's observations and video evidence.
