21 total
Appeal dismissed; presence of unmonitored video camera during counsel consultation did not breach s. 10(b) Charter rights.
The appellant was convicted of driving with a blood alcohol level over 80 milligrams.
At trial, she sought to exclude her breath samples under s. 24(2) of the Charter, arguing her s. 10(b) right to counsel was breached because a video camera was present in the room where she spoke to duty counsel.
The trial judge dismissed the motion, finding no evidence the camera was on or monitored, and that the appellant failed to establish a reasonable belief that her privacy was compromised.
The summary conviction appeal court and the Court of Appeal upheld the decision, concluding the appellant did not prove her Charter rights were infringed.