The Crown appealed the acquittal of the respondent on charges of operating a motor vehicle with a blood alcohol level over 80 mg and failing to comply with a recognizance.
The trial judge had excluded evidence under s. 24(2) of the Charter after finding breaches of the respondent's s. 10(a) and 10(b) rights.
The respondent was initially arrested for driving while prohibited, but the officer subsequently began an impaired driving investigation without informing the respondent of the change in focus and delayed providing rights to counsel for four and a half minutes while asking incriminating questions.
The Superior Court of Justice found no error of law in the trial judge's findings of Charter breaches and dismissed the appeal.
