The accused was charged with operating a motor vehicle with a blood alcohol content over the legal limit after moving her car from one friend's driveway to another.
The court found two Charter breaches: (1) the roadside screening demand was not made "forthwith" as required by statute, as the investigating officer deliberately delayed making the demand to provide training to a junior officer; and (2) the accused's use of the toilet in her cell was videotaped without a valid waiver of her privacy rights, despite the police offering a privacy sheet that the accused was unaware of.
The court excluded the breath sample evidence as a remedy under section 24(2) of the Charter, finding that the long-term interests of justice favoured exclusion despite the seriousness of impaired driving offences.
