The applicant, an American citizen and medical student, was arrested for impaired driving.
He brought a Charter application alleging multiple breaches.
The court found that while the arresting officer had reasonable grounds to arrest, the police breached s. 10(b) by failing to facilitate contact with the applicant's mentor to obtain counsel.
Furthermore, the officer-in-charge arbitrarily detained the applicant by failing to consider release under s. 498 of the Criminal Code, erroneously believing a 'reverse onus' mandated detention.
As a result of this arbitrary detention, the applicant was subjected to an unjustified strip search and a tuberculosis injection without consent at the correctional centre, violating ss. 7, 8, and 9 of the Charter.
Submissions on remedy were deferred.
