The accused was charged with operating a motor vehicle with more than 80 mg of alcohol in 100 ml of blood.
A nuclear power plant security officer arrested the accused for impaired driving based on observations of confused speech and admission of alcohol consumption, though without detecting an odour of alcohol at the time.
Responding police officers, upon arrival, determined there were insufficient grounds to continue the arrest for impaired driving but formed reasonable suspicion to conduct a roadside screening test.
The accused remained handcuffed throughout the entire investigative detention and roadside testing process for approximately 36 minutes, despite being cooperative and coherent.
The court found multiple Charter violations: the initial arrest lacked objective reasonable grounds, the continued handcuffing during the investigative detention was arbitrary, and the manner of obtaining the roadside breath samples was unreasonable.
Applying the Grant analysis, the court excluded all breath sample evidence and acquitted the accused.