The accused was charged with operation of a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The trial addressed Charter issues regarding the timing of access to counsel and the privacy of lawyer-client communications during custody.
The court found a technical violation of section 10(b) of the Canadian Charter of Rights and Freedoms regarding the delay in providing access to counsel (approximately 14 minutes), but found no violation regarding the privacy of the phone booth conversation.
The breath test evidence was admitted under section 24(2) of the Charter, and the accused was convicted.
