Samantha Nassar

The accused was arrested for impaired driving and held in police custody for approximately 16 hours, with the investigation completed prior to 6:30 pm.

Although the initial decision to delay her release was reasonable, the court found that the accused was not reassessed for release as the hours passed, resulting in an unlawful and arbitrary detention.

The accused was held in harsh conditions in a cold cell without adequate bedding or clothing, and was denied food and water for extended periods.

The court found a breach of section 9 of the Canadian Charter of Rights and Freedoms and imposed a remedy of pre-trial custody credit for time served plus a nominal $1 fine in satisfaction of the statutory minimum penalty, along with a mandatory one-year driving prohibition.

The accused was charged with driving with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.

The defence challenged the validity of the approved screening device and Intoxilyzer demands on Charter grounds, arguing the officer lacked reasonable suspicion and that the breath samples were not taken as soon as practicable.

The court found the officer had reasonable suspicion based on the smell of alcohol, glazed eyes, and the accused's admission of coming from a bar.

The court rejected the argument that the officer was required to inquire about mouth alcohol before administering the test.

The court also found the samples were taken as soon as practicable despite a 17-minute delay at the police station.

The accused was convicted.