The accused was charged with driving with a blood alcohol concentration over 80.
Following his arrest, he was held in custody for approximately six hours without being assessed for release, violating his section 9 Charter rights.
Furthermore, he was recorded using the toilet in his cell on two occasions without being offered a privacy gown, which the Crown conceded violated his section 8 Charter rights.
The court found no temporal or causal link to exclude the breath readings under section 24(2).
However, the court found that the police exhibited a blatant disregard for the accused's privacy rights and that the combined breaches were so serious that carrying forward the prosecution would offend society's sense of justice.
Consequently, the court granted a stay of proceedings under section 24(1) of the Charter.
