The accused was charged with having excess blood alcohol within two hours of operating a conveyance.
At trial, the accused sought to exclude the breath samples, arguing they were not taken 'as soon as practicable' and alleging multiple violations of his right to counsel under s. 10(b) of the Charter.
The court held there is no Charter requirement for breath samples to be taken as soon as practicable under the current legislative scheme.
The court found a minor s. 10(b) breach due to an unexplained 11-to-12-minute delay at the roadside before transporting the accused to the detachment.
However, applying the Grant framework, the court declined to exclude the breath samples under s. 24(2).
The accused was found guilty.
