The accused was charged with impaired driving and driving with a blood alcohol concentration over 80 mg/100mL following an erratic driving incident on the Don Valley Parkway that resulted in a collision.
An off-duty police officer observed the driving and made a citizen's arrest.
The Crown sought to prove impairment based on driving behaviour and breath test results showing readings of 202 and 192 mg/100mL.
The defence challenged the lawfulness of the arrest, the detention in police cells, and the strip search that followed.
The court found the arrest lawful but acquitted on the impairment charge due to insufficient evidence of actual impairment beyond the breath readings.
The court found violations of sections 8 and 9 of the Canadian Charter of Rights and Freedoms regarding the detention and strip search but declined to stay proceedings, instead finding the accused guilty of the over 80 charge.
