The defendant was charged with impaired driving, exceeding 80 mg/100 mL of blood alcohol, and breach of recognizance.
She raised multiple Charter issues arising from her custody at the police station, including allegations of assault, unreasonable search, denial of right to counsel, and unreasonable video surveillance and recording while held in custody.
The court found no Charter violation regarding the alleged assault, the strip search, or the right to counsel.
However, the court found a section 8 breach regarding video recording of the defendant in holding cells while using the toilet.
Despite the breach, the court declined to grant a stay of proceedings or exclude evidence, finding that neither remedy was appropriate in the circumstances.
