Case Summary

The accused was charged with impaired driving and over 80 following a RIDE spot check on November 28, 2009. The accused brought Charter applications seeking exclusion of breath test evidence under section 8 and a stay of proceedings under section 7, alleging breaches related to the arrest and late disclosure of video evidence. The court found the arresting officer had reasonable and probable grounds to arrest for impaired driving based on the totality of circumstances including the accused running the spot check, admission of alcohol consumption, odour of alcohol, bloodshot eyes, and staggering gait. The court rejected the section 8 application. Regarding the section 7 application based on late disclosure preventing participation in the ignition interlock program, the court found no breach as driving is a privilege not a right protected by the Charter, and the accused had no enforceable right to participate in the discretionary program.