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The court convicted the defendant of driving over 80, rejecting Charter challenges regarding arbitrary detention and right to counsel during a parking lot sobriety check.
The defendant was charged with driving over 80 following an encounter with police in a shopping centre parking lot at approximately 12:45 am.
The defence challenged the constitutionality of the detention and the legality of the procedures that followed, arguing that the defendant was subjected to arbitrary detention in violation of section 9 of the Charter and that the breath testing was unreasonable under section 8.
The court found that the defendant was not detained at the initial moment of police contact, or alternatively, that any detention was grounded in reasonable suspicion and therefore not arbitrary.
The court also held that even if arbitrary detention had occurred, it would be authorized by the common law.
The defendant was found guilty as charged.
