The accused was charged with impaired driving causing bodily harm and refusing to provide a breath sample following a single-vehicle collision where his passenger was seriously injured.
The court found the accused guilty of impaired driving causing bodily harm, rejecting his evidence that the passenger grabbed the steering wheel.
However, the court acquitted the accused of refusing to provide a breath sample, finding that his s. 10(b) Charter right to counsel was infringed due to a delay in facilitating contact and a failure to provide a second consultation when he was confused about the legal advice received.
The evidence of his refusal was excluded under s. 24(2).
