The accused, Pengxiang Wang, was charged with impaired care and control of a motor vehicle and having over 80 mg of alcohol in his blood.
The defence challenged the admissibility of evidence, alleging breaches of Charter rights under ss. 8, 9, 10(a), and 10(b), primarily related to arbitrary detention, unlawful search and seizure, and delays in informing him of rights and providing access to counsel in Mandarin.
The court found no Charter breaches, determining that police had reasonable grounds for detention and arrest, and that Mr. Wang understood his rights despite a language barrier, with officers taking reasonable steps to provide a Mandarin interpreter and access to duty counsel without delay.
Consequently, the evidence was admitted, and the accused was found guilty on both counts.