The defendant, Thisock Seevaratnam, was charged with Impaired Operation and 80 plus Operation.
The trial addressed several Charter issues, including reasonable and probable grounds for arrest, the informational component of the right to counsel (s. 10(b)), police questioning post-assertion of right to counsel, insufficient efforts to contact counsel of choice, and lost video evidence (s. 7 violation).
The court found a s. 10(b) violation for failure to contact counsel of choice (Peter Connelly) and a s. 7 violation for lost video evidence, but admitted the breath evidence under s. 24(2) of the Charter, finding no irreparable prejudice to the defence.
Ultimately, the court found the defendant guilty of both charges, concluding that impairment was proven beyond a reasonable doubt based on the totality of evidence.
