The accused was charged with impaired operation of a vessel causing death.
The trial judge excluded breath test evidence under s. 24(2) of the Charter, finding breaches of ss. 8, 9, and 10(b) due to delays in making and facilitating an approved screening device demand, and acquitted the accused.
The Crown appealed.
The Court of Appeal held that the trial judge erred in finding the accused was detained before the demand was made and in his application of the s. 24(2) Grant framework.
The Court concluded that the admission of the breath test evidence would not bring the administration of justice into disrepute.
The appeal was allowed and a new trial ordered.
