The accused was charged with impaired driving, driving over 80, and driving while suspended.
During a traffic stop initiated by an ALPR hit for a suspended license, the officer detained the accused but delayed providing reasons for detention and rights to counsel, citing unfounded safety and flight risk concerns.
The officer also delayed making an ASD demand despite having formed a reasonable suspicion of alcohol consumption, and unjustifiably handcuffed the accused before administering the test.
The court found multiple cascading breaches of the accused's ss. 8, 9, 10(a), and 10(b) Charter rights.
Applying the Grant framework, the court excluded the breath sample evidence under s. 24(2), resulting in an acquittal on the over 80 charge.
The accused was found guilty of the provincial driving offences.
