The accused was charged with operating a motor vehicle while her blood alcohol exceeded 80 mg per 100 ml of blood.
The Crown conceded that absent Charter violations, all essential elements of the offence were established.
The defence argued two breaches of section 10(b) Charter rights: (1) a 9-minute delay in reading rights to counsel while awaiting a female officer to conduct a pat-down search, and (2) interference with the accused's ability to contact a third party directly to facilitate access to counsel of choice.
The court found both breaches established but admitted the breath readings under section 24(2) analysis, finding the breaches were minor and technical with minimal impact on the accused's rights to counsel, and that society's interest in adjudication on the merits favoured admission.
