The applicant, Sisto Seven Marquette, brought an application under s. 24(1) of the Canadian Charter of Rights and Freedoms, alleging breaches of his rights under s. 9 (arbitrary detention), s. 10(b) (rights to counsel), and s. 8 (search and seizure) following a roadside traffic stop.
He sought the exclusion of evidence under s. 24(2).
The court dismissed the application, finding no Charter breaches.
It held that police questioning during the traffic stop was within permissible highway-related purposes, the right to counsel was superseded by the requirement to provide a breath sample forthwith, and subsequent searches of his vehicle and person were lawful incidents to arrest.
