The accused was tried on impaired operation and over 80 charges arising from being found unresponsive in a running vehicle at an intersection and later investigated at hospital.
The court found multiple connected Charter breaches, including a breath demand made without reasonable and probable grounds, arbitrary detention, failure to advise the accused of the reasons for detention and right to remain silent, and delayed and inadequate implementation of the right to counsel.
Applying the Grant framework, the court excluded the breath test results under s. 24(2) because the police conduct was serious and had a substantial impact on Charter-protected interests.
On the impaired operation count, the court held the circumstantial evidence did not exclude the plausible and reasonable possibility that a medical condition, rather than alcohol impairment, explained the accused’s symptoms.
Acquittals were entered on both charges.
