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The court allowed the Crown's appeal, finding a brief delay in providing right to counsel was justified by officer safety concerns.
The Crown appealed the acquittal of the respondent on a charge of operating a vehicle with a blood alcohol concentration over 80 mg, following a trial judge's decision to exclude breath samples due to a s. 10(b) Charter infringement.
The appeal court found that the trial judge erred in law by unreasonably assessing the police officer's safety concerns, concluding that the brief delay in informing the accused of his right to counsel was justified and did not constitute a Charter breach.
Alternatively, even if a breach occurred, the subsequent Charter-compliant conduct severed the connection to the breath samples, rendering them admissible under the "fresh start" principle.
The appeal was allowed, the acquittal set aside, a conviction entered, and the minimum sentence imposed.
Condominium corporation granted compliance order against disruptive tenant despite pending Landlord and Tenant Board proceedings.
The applicant condominium corporation brought a motion for a compliance order against a tenant and the unit owners, due to over 200 complaints and 60 police visits regarding the tenant's disruptive and threatening behaviour.
The tenant sought a stay pending the outcome of eviction applications before the Landlord and Tenant Board.
The court dismissed the stay request, noting the condominium corporation's independent statutory duty to enforce compliance, and granted the order requiring the tenant to cease the non-compliant behaviour, with leave for the applicant to seek eviction if the behaviour continues.
