Mr. Fontaine was charged with impaired driving after a single-vehicle accident.
He brought Charter applications under s. 7 and s. 10(b) to exclude breath test results, alleging failure to provide medical attention and improper implementation of his right to counsel.
The court found Mr. Fontaine to be an incredible and unreliable witness, rejecting his claims of serious injury and improper counsel invocation.
The court dismissed both Charter applications, finding no breach of his rights.