Charter breaches found, but convictions entered for obstruction, flight, and prohibited driving.
Following a traffic stop for a minor Highway Traffic Act infraction, the accused provided a false name, fled after the officer attempted to verify his identity, and was later arrested while under licence suspension.
The court found multiple Charter breaches, including a failure to advise of the right to counsel once the detention shifted to a criminal investigation, post-arrest questioning before counsel access, and eliciting relevant statements during transport without cautioning the accused about the right to remain silent.
The court held the proper remedy was exclusion of the accused's post-breach utterances rather than a stay of proceedings.
On the merits, the accused was convicted of driving while prohibited, obstruct police, and flight from police, but acquitted of dangerous driving because the manner of driving was not proven to be a marked departure from the standard of care.
