S. Hickenbottom

The accused, Jessica Haynes, was charged with assault after spraying her neighbour with a garden hose.

The court found the elements of assault proven beyond a reasonable doubt but dismissed the charge based on the common law doctrine of de minimis non curat lex.

The court found the complainant's evidence regarding the severity of the assault to be highly exaggerated and inconsistent with video evidence and other witness testimony, concluding the act was of a trifling nature that did not warrant a criminal sanction.

The defendant brought a Charter application alleging a violation of his right to counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms.

The defendant was arrested following a failed breath screening device test during a marine safety inspection.

He challenged the admissibility of breath samples obtained after his arrest, arguing that police failed to provide sufficient information about his right to counsel and that his waiver was not informed.

The court found no breach of the defendant's Charter rights, holding that the defendant was provided adequate information about his right to counsel, that he did not assert his right to counsel, and that his waiver was clear, unequivocal, and informed.