R. McCartney

This decision addresses a Charter application in a drink-driving and resisting arrest case, focusing on alleged violations of ss. 8, 9, and 10(a) of the Canadian Charter of Rights and Freedoms.

The court analyzed whether the police had reasonable and probable grounds for arrest and breath demand, the lawfulness of police presence on private property under the implied license doctrine, and the adequacy and timeliness of informing the accused of the reasons for detention.

The judge found no Charter breaches, concluding the police acted reasonably and lawfully, and dismissed the application to exclude breath evidence.

Michael Kefle was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration exceeding 80 mg.

The defence argued for Charter breaches related to grounds for arrest, unlawful detention (overholding), and the right to re-consult counsel.

The court found that the police had reasonable and probable grounds for arrest and breath demand, that the period of detention was reasonable given the high intoxication level and public safety concerns, and that the right to re-consult counsel was not violated as the investigation was complete.

Consequently, the court found the accused guilty on both counts.

The defendant, Minh Vu Nguyen Dao, was charged with impaired operation of a conveyance and operating with a blood alcohol concentration over .08.

He challenged the admissibility of the Certificate of a Qualified Technician, alleging breaches of his s. 10(b) Charter rights.

The court found a one-minute delay in providing the informational component of the right to counsel, but deemed it not serious and without impact on the defendant's rights, thus not warranting exclusion of evidence under s. 24(2).

Regarding the implementational component, the court found that police provided a reasonable opportunity to consult counsel of choice, and the defendant's subsequent decision to speak with Duty Counsel was a valid choice.

Consequently, the Certificate was admitted, and the defendant was found guilty on both charges.