The accused was charged with impaired operation and excess blood alcohol concentration following a motor vehicle collision.
At trial, the accused brought a Charter application alleging breaches of his rights under ss. 8 and 10(b).
The court found that the police unnecessarily delayed advising the accused of his right to counsel and failed to take breath samples as soon as practicable.
Applying the Grant framework, the court excluded the breath test results under s. 24(2), resulting in an acquittal on the over 80 charge.
However, based on civilian and emergency personnel evidence of the collision and the accused's physical signs of impairment, the court found the accused guilty of impaired operation.
