Andrew Allen was charged with impaired driving and unlawfully refusing to provide a breath sample.
He brought a Charter application under s. 24(2) to exclude evidence, alleging breaches of his s. 9 (arbitrary detention due to wrongful arrest on a warrant and arbitrary confinement in a cell) and s. 10(b) (right to counsel) Charter rights.
The court found that the initial arrest on a warrant was without reasonable grounds and the subsequent confinement in a cell, driven by OPP policy rather than individualized assessment, constituted arbitrary detention, both breaching s. 9.
The failure to immediately inform him of his right to counsel upon arrest was a s. 10(b) breach.
Applying the Grant test, the court determined that the breaches were serious and had a significant impact on the accused's Charter-protected interests.
Despite society's interest in the adjudication of the case on its merits, the admission of the impugned evidence would bring the administration of justice into disrepute.
